The Austrian Wiener Zeitung brings us an update in the apparently neverending "Easter bunnies' case". Our readers will recall the ECJ's judgment in Case C‑529/07 (see our report here and summary here), Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH, which was a reference for a preliminary ruling from Austria on the question of how to establish bad faith in trade mark invalidity proceedings.
"We are back at the first instance court" Hauswirth's lawyer Harald Schmidt is cited by the Wiener Zeitung. Yes, indeed and hurray - one might add! We even have a new date for court proceedings: on 12 April 2010 there will be (yet) anther hearing in this matter at the Handelsgericht in Vienna, nicely timed just after Easter. A rather resigned Mr Schmidt does not expect a final decision in this matter before 2012 - which would be 12 years after this dispute started.
Wiener Zeitung also kindly reminds us that Hauswirth is still involved in a similar bunnies' dispute with German chocolate maker Riegelein.
To be continued...
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