Have you noticed the Lindt Chocolate people’s advert for their Christmas Bears stressing the red ribbon and heart they wear over their gold fur? Well this “dress” has not stopped a German Court judgment that the “Lindt Teddy” would described by a significant number of consumers as a “golden bear” and thus be confused with Haribo’s “Gold Bear”. Notwithstanding that one bear is a foil covered hollow chocolate youngster while the other is jelly bear who is nearly a hundred years old and who comes in several colours, including gold. This bear is (apparently) naked but wears a red ribbon on the packaging.
The Court concludes Lindt has infringed Haribo’s trademarked design and must desist from selling their product. An appeal must be likely!