September 2015

Lindt wins “Gold Bear” appeal against Haribo

In a much-reported dispute over alleged infringement and unfair imitation, the Federal Court of Justice has ruled that Lindt does not infringe the “Gold Bear” trademark by selling a chocolate figure in the shape of a bear wrapped in gold foil and with a red ribbon around its neck. The court also found that the Lindt bear is not an unfair imitation of the fruit gum products made by Haribo. The press release of the Federal Court of Justice can be found below.

Eisenführ Speiser took over the case at second instance and succeeded in having the first-instance judgement against Lindt repealed. This has now been confirmed by the supreme court.

Attorneys at Eisenführ Speiser representing Lindt: Günther Eisenführ and Rainer Böhm.

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