Trademark dispute between Lindt and Haribo
Do Haribo's gummy bears and Lindt's golden chocolate bears look too similar? The Federal Court of Justice, Germany's highest court, must settle this question in a trademark dispute between Haribo and Lindt & Sprüngli.
Haribo believes its trademark rights have been infringed by Lindt's chocolate bear: Since Christmas 2011, the Swiss manufacturer has also been offering the so-called Lindt Teddy in imitation of its well-known golden chocolate Easter bunny. The chocolate bear is wrapped in gold foil and wears a red bow around its neck. Haribo, on the other hand, has been selling gummy bears in gold-colored packaging since the 1960s and later also had the word mark "Goldbären" protected for them.
The German confectionery manufacturer argues that consumers automatically make a connection with its gummy bears when they see an embodied golden bear in the confectionery segment. Haribo therefore wants the bear to disappear from the racks.
Lindt & Sprüngli sees no risk of confusion. One is a gummy bear in a bag, the other a chocolate product. The teddy is also a further development of the company's own product line, which also includes the Lindt bunny.
The lower courts have ruled differently, according to a release Thursday: While the Cologne Regional Court followed Haribo's reasoning, the Cologne Higher Regional Court ruled in favor of Lindt in the second round. Now the case comes before the Federal Court of Justice.
Whether Lindt would also have to stop selling its chocolate teddy in Switzerland and other countries if the German court ruling against the company fails is open, according to the statement. Lindt spokeswoman Kälin did not want to explicitly comment on this on Thursday. As long as there is no legally binding last-instance ruling, the Teddy will continue to be sold, Kälin made clear. (SDA)
