Lindt Easter bunny appeal dismissed

Lindt's chocolate Easter bunny – wrapped in gold foil with a red ribbon round its neck – is not a trademark. The European Court of Justice (ECJ) in Luxembourg has dismissed an appeal brought by chocolate makers Lindt & Sprüngli. Previously, the Swiss concern had filed an unsuccessful application to have the Easter bunny registered as a trademark. The ECJ found that the Lindt chocolate rabbit did not possess "inherently distinctive character“ within the EU and that comparable products were too similar. The ECJ thus upholds the initial decision taken by the OHIM.

Lindt & Sprüngli had appealed against the OHIM decision to reject the concern's application to have the chocolate bunny registered as a 3D EU trademark. Lindt was involved in a similar, protracted dispute with Confiserie Riegelein in Germany, which landed before the German federal high court (Bundesgerichtshof). Lindt claimed Riegelein's chocolate Easter bunnies were too similar to their own.