SWISS FEDERAL SUPREME COURT – A WELL-KNOWN RABBIT…

In a decision issued on August 30, 2022, the Swiss Federal Supreme Court ruled that Lindt & Sprüngli’s rabbit could benefit from trademark protection as a three-dimensional mark, because it has “acquired general public awareness and the registered shape marks have thus become established in the market. The Federal Supreme Court then considered that the “obvious associations” in the mind of the public between Lindt & Sprüngli’s rabbits and Lidl’s rabbits lead to a risk of confusion. The Supreme Court therefore granted Lindt & Sprüngli’s request to prohibit Lidl from marketing the disputed rabbits and to destroy those still in stock.

 

To know more about it:

Communiqué de presse du Tribunal fédéral du 29.09.2022/Dossier no 211.1/29_2022

Tribunal fédéral 30.08.2022 /4A-587/2021