The never-ending confusion about the likelihood of chocolate Easter-bunnies has entered its next round. The German High Court (BGH) recently overruled a decision of the Higher Regional Court (OLG) of Frankfurt (Case I ZR 57/08).
The Swiss confectionary Lindt sued the German confectionary Rigelein for trademark infringement of its golden Easter-bunny. The German BGH was involved in such trademark actions for the second time. According to the BGH the OLG took too little substantive conclusions on the subject. Funny side notice: The OLG denied a risk of confusion due to the rather bronze colour of the Riegelein-bunny. The BGH was not able to make up its own findings on the colour because the Riegelein-bunny which was attached to the file as an exhibit disappeared. Did somebody eat it??? However, the BGH decided that the OLG did not evaluate overall impression of the Riegelein-bunny correctly. Therefore the case was remanded to Frankfurt. Just four years ago the BGH denied a risk of confusion between the opposing chocolate bunnies. Lind appealed the decision. Lind owns its “Goldhase” trademark since 2000; Riegelein claims to manufacture its bunnies for more than 50 years… Golden Easter-bunny, bronze Easter-bunny – what do you think? Is it just chocolate after all?