Europe's news in English

COPY LINK

For members

FOOD AND DRINK

Swiss court backs Lindt in chocolate bunny bust-up with Lidl supermarket

Swiss luxury chocolatier Lindt & Sprungli has won its case against the local branch of budget supermarket chain Lidl over its similar-looking Easter bunnies, according to a court decision published Thursday.

Published: 30 September 2022 08:16 CEST

Lindt chocolate

Want to stock up on chocolate in Switzerland? It may set you back. Photo: Pixabay.

The Federal Supreme Court of Switzerland ruled that Lindt’s chocolate bunny wrapped in aluminium foil, whether “golden or of another colour”, should benefit from trademark protection against Lidl’s rival product.

It banned the chain’s Swiss branches Lidl Schweiz and Lidl Schweiz DL from selling its similar bunnies and ordered the destruction of any still in stock.

Launched in 1952, the golden bunny with a bell on a ribbon is one of Lindt’s flagship products.

Lindt & Sprungli sued in 2018, claiming that Lidl’s bunnies had a very similar shape and appearance and could be confused with its main Easter product.

But the commercial court of Switzerland’s Aargau canton, west of Zurich, dismissed Lindt’s action in 2021.

However, Switzerland’s highest court overturned the decision, finding that Lidl’s bunnies posed “a risk of confusion even if the two products present
certain differences”.

“Given the overall impression produced, Lidl’s bunnies arouse obvious associations with the shape of Lindt’s,” the federal court said.
“In the public mind, they cannot be distinguished.”

Lindt provided consumer surveys showing that its bunny had achieved a level of general public awareness.

The Federal Supreme Court decided that it “can be considered common knowledge that the shapes that Lindt & Sprungli has had protected by trademark law are associated by a very large part of the public with the Lindt & Sprungli company”.

Lindt said in a statement: “This verdict is a milestone for the protection of Lindt’s golden bunny in its Swiss home market.”

Contacted by AFP, Lidl said it could not provide “any information concerning legal proceedings which are still ongoing”.

Lindt & Sprungli employs approximately 14,600 people worldwide. In 2021, its turnover amounted to nearly 4.6 billion Swiss francs.

Member comments

Log in here to leave a comment.

Become a Member to leave a comment.

EXPLAINED: What does the 'bio' label on foods in Switzerland really mean?

In its press release published in June 2024, Bio Suisse, an umbrella group for organic food producers, said that residents of Switzerland are international ‘bio’ champions.

“With consumption of 454 francs per capita, Switzerland ranks first in international comparison,” the organisation said. “In no other European country is the organic basket of goods as large.”

In terms of preference for organic food, “Switzerland is ahead of Denmark, Austria, Luxembourg and Sweden. Germany follows in sixth place and France just behind in seventh place,” Bio-Suisse added.

This finding is not surprising because the consumption of this more expensive type of food is directly linked to income: the wealthier the country, the more its residents are willing to spend on organic products.

What does a ‘bio’ label stand for in Switzerland?

In a nutshell, organic products must meet much higher standards and comply with more requirements than the ‘conventional’ foods in the way they are grown and manufactured.

Contrary to most conventional production methods, organic farming is more sustainable — that is, it protects the environment and conserves resources instead of depleting them.

A total of 7,362 organic farmers and producers are members of Bio Suisse.

In addition, more than 2,300 operations abroad are also certified according to the Bio Suisse standards, which means their farming / production methods are equivalent to those practiced in Switzerland.

Can you trust a ‘bio’ label, or is it just a lot of hype (as some people claim?)

In Switzerland, this process is strictly controlled by various organic farming ordinances, which are enforced by the Federal Office for Agriculture (BLW).

This means that every farm that produces, prepares, trades or imports organic products is inspected and certified at least once a year by one of the four accredited and approved certification bodies in Switzerland.

These laws also set out the principles by which agricultural products and foodstuffs labelled as organic must be made, and which non-toxic substances are authorised for use in organic farming and for preparing organic food.

Why are organic products more expensive than conventional ones?

Among the main reasons are more rigorous production and certification standards, which must meet all the requirements set out by the BLW.

Also, operational costs involved in the use of natural, pesticide-free fertilisers and high-quality animal feed, are higher in organic farming than in conventional one.

Additionally, the supply of organic food in Swiss supermarkets is more limited than that of conventional one, which pushes prices up.

And then there is this often-asked question: is organic food in Switzerland in really healthier?

Some people will swear by the better quality and higher nutritional value of organic products, while others will say the benefits are exaggerated.

There is no definite answer to this question, except this: some studies have shown possible health benefits of organic foods when compared with foods grown using conventional process.

However, there is limited information to prove how these differences can give potential overall health benefits.

But Zurich authorities believe in the ‘power’ of organic foods: in 2022, they mandated that most of the food served in the city’s hospitals, care centres, childcare facilities, and schools, be organic.

Url copied to clipboard!