Swiss chocolatier Lindt & Spruengli has bested German grocer Lidl in the battle of the bunnies.
Switzerland’s Federal Supreme Court ruled Thursday that Lidl chocolate rabbits wrapped in gold foil violated Lindt’s copyright.
Lidl’s Swiss units have been ordered to destroy their remaining bunny stock, which the court called a copycat of Lindt’s own foil-wrapped chocolate bunnies.
“Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” the court said in a summary of the verdict, according to Confectionery News.
Surveys provided to the court showed that consumers, familiar with Lindt’s foil-wrapped chocolate bunny, were likely to be confused by the Lidl product.
“Given the overall impression, Lidl’s rabbits have clear associations with the shape of Lindt’s rabbit. In the public’s mind, they are indistinguishable,” a statement from the court reads, according to the New York Times.
The new ruling overturned a previous decision by a Swiss commercial court that favored two Swiss units of the German discount grocery store.
Last year, Germany’s Federal Court of Justice ruled that the tone of the foil used by Lindt to wrap their confectionary rabbits was protected as a trademark.
Lidl’s chocolate rabbits may be “verboten” in Switzerland, but they are still available for sale in Lidl stores outside of Switzerland, where the court’s ruling would not apply.
Neither Lidl nor Lindt have responded to requests for comment from the Washington Times.