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Nov 11, 2015
Anthonia Ghalamkarizadeh, Hogan Lovells, Germany
Philipp Lehmann, Hogan Lovells, Germany
First published on Lime Green IP, www.limegreenipnews.com

Two bears meet in court – Federal Supreme Court (BGH) s...


Anthonia Ghalamkarizadeh, Hogan Lovells, Germany, Philipp Lehmann, Hogan Lovells, Germany, First published on Lime Green IP, www.limegreenipnews.comThe German Federal Supreme Court (BGH) on 23rd September 2015 decided on a dispute between the Swiss chocolatier Lindt and the German sweets manufacturer Haribo (case ref.: I ZR 105/14). The decision will be of interest to all of you with a sweet tooth. The court denies likelihood of confusion between Lindt’s golden chocolate Teddy and the “GOLDBÄREN” (“Gold Bears”) word mark protected for Haribo’s well-known and widely loved fruit gums. The court also decides that the gold-wrapped chocolate bear would not constitute an unfair imitation of the “GOLDBÄREN” fruit gums.
Haribo proceeded against Lindt’s chocolate teddy wrapped in gold foil with a red ribbon around its neck that was introduced to the market in 2011 as an alternative to Lindt’s well-known “Golden Bunny”.
Haribo considered this golden bear an infringement of its rights to the “GOLDBÄREN” (“Gold Bears”) word mark as well as  read more