German Supreme Court Settles Lindt v. Haribo and Question on Trademark Law

摘要

The German Federal Court of Justice ("BGH") has held that chocolate-maker Lindt's bear-shaped chocolate in gold wrapping did not violate rival Haribo's "Gold Bear" trademark or constitute unfair competition to the lat-ter's fruit gum products, ending a two-year dispute and also resolving an open question in the law. In the case (I ZR 105/14) decided on Sept. 23, BGH judges ruled on alleged infringement by Swiss company Lindt & Sprungli AG, commonly known as Lindt, of German company Haribo's word trademark "Goldbaeren" ("Gold Bear"). Specifically, the issue before the court was whether a three-dimensional gold-foiled chocolate bear dubbed "Lindt Teddy" was a visual infringement of Haribo's "Goldbaeren" word trademark, according to court files.