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A German federal court ruled Thursday that the golden shade of the foil wrap on Lindt & Spruengli's Gold Bunny, a popular chocolate Easter bunny, enjoys protected status.
The Federal Court of Justice delivered its verdict in a battle between Switzerland's Lindt and a German company, Heilemann, which in 2018 also marketed a chocolate bunny in a gold foil wrap. Lindt argued that it had a trademark on the color acquired by use, that its rival had infringed that trademark and that Heilemann should be prevented from selling its product.
A state court in Munich ruled against Lindt last year. But the federal court found the Swiss company had proven that the gold shade of its bunny had acquired trademark status by reputation, citing a survey presented by the manufacturer showing that 70% of respondents associated the hue with the Lindt product.
The court said it didn't matter that the company didn't use the gold color for all or most of its products, or that the Lindt bunny has other distinguishing features, such as a red collar.
Lindt has sold its Gold Bunny in Germany since 1952, and the product has had its current gold shade since 1994. It is by some distance the best-selling chocolate Easter bunny in Germany, with a market share over 40% in 2017, according to the court.
Federal judges sent the case back to Munich to determine whether Heilemann actually infringed on Lindt's trademark.
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
A Massachusetts man who told police he was exorcising a demon and performing a baptism when he shoved his father's head under water multiple times has been convicted of involuntary manslaughter in his death.
American troops will be spending more time training in the Far North, the new commander of Norad says, a strategy that fits 'hand-in-glove' with Canada's renewed focus on Arctic defence.
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.