Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
SUNDAY, 10 APRIL 2011
Update on the Easter Bunny disputes - Austria and Germany

Just in time for Easter, we have yet another development in the apparently never ending Easter Bunny dispute between Swiss chocolate maker Lindt & Sprüngli and its Austrian competitor Hauswirth (see our earlier reports here).

Our readers may recall that both chocolate manufacturers offer chocolate Easter bunnies wrapped in gold foil.  A court in Vienna, the Wiener Handelsgericht, last week decided in favour of Lindt (see Lindt's bunny to the left) with the consequence that Hauswirth (see Hauswirth's bunny wearing a ribbon in the Austrian national colours to the right) is no longer allowed to sell chocolate bunnies that are confusingly similar to to Lindt’s bunnies.  Unsurprisingly Hauswirth has already announced that it will appeal the decision.

A similar bunny dispute, this time between Lindt & Sprüngli and its German competitor Riegelein, also still keeps the German courts busy.  The Higher Regional Court of Frankfurt did not see a likelihood of confusion between Riegelein’s and Lindt’s bunnies and has already twice decided in Riegelein’s favour (see Riegelein's bunny with a darker ribbon to the lower right).  However, the Bundesgerichtshof (see our report here) reversed both decisions and the Frankfurt court will now yet again have to decide on the similarity between Lindt’s and Riegelein’s bunnies.   The Frankfurter Rundschau newspaper expects the next hearing in the German case to be held in autumn 2011.

To be continued….

Posted by: Birgit Clark @ 21.40
Tags: bunnies,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2326
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox