LINDT RISKS LOSS OF CHOCOLATE EASTER BUNNY TRADEMARK
June 1st, 2009
BY KEITH NUTHALL
SWISS chocolate giant Chocoladefabriken Lindt & Sprüngli may lose European Union (EU) trademark rights to the shape and wrapping of its popular Easter bunny line. This follows a European Court of Justice (ECJ) preliminary ruling, which concluded Austrian courts could void the registration, if filed in "bad faith". Specifically, if Lindt trademarked the design:
*Knowing a rival firm already had in the EU "an identical or similar sign [and product] capable of being confused with (Lindt's trademarked design)"; and
*Lindt ...
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