April 1, 2013

Can you trademark the Easter Bunny?

Europe's High Court heard a suit brought by Chocoladefabriken Lindt & Sprüngli against Franz Hauswirth GmbH over a trademark for their gold-foiled chocolate Easter bunny.  According to Reuters, "Hauswirth argued Lindt was using its trademark to quash competition unfairly. It said chocolate bunnies traditionally come wrapped in gold foil and that it is normal for the shapes to look similar as they are based on animals." However, Lindt ultimately prevailed, an in 2012, the Court ruled that Hauswirth had to stop making their own gold-foiled bunnies.