The issue had initially been taken to the commercial court in the region of Aargau at the end of 2018, demanding “essentially a ban” on Lidl selling their bunny.
In a summary of its verdict, the Swiss Federal Court said: “Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed.”
It added: “The shape and features of the chocolate bunnies sold by Lidl are very similar to their chocolate bunnies and can be confused with them. This violates the trademark rights of Lindt & Sprungli.”
The court said that “because of the overall impression, the Lidl rabbits naturally trigger associations with the shape of the Lindt rabbit; in the memory of the audience they cannot be distinguished.