German Jelly beats Swiss Chocolate!

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!


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