The Swiss chocolate giant Lindt is enjoying the sweet scent of victory over its rival Haribo after Germany’s supreme court ruled in its favour in the so-called ‘battle of the bears’.
The German confectionery maker has been producing its gummy bears since the 1960s, and argued that the chocolate ‘Lindt teddies’, which came on the scene in 2011, were simply a copy.
Both bears wear red ribbons around their necks and Haribo argued that people would confuse them.
Cologne’s regional court originally backed its claim but the Swiss firm successfully appealed.
Germany’s highest court has now upheld that appeal and its judgement is final.
There had been no violation of the ‘Gold Bear’ trademark, the Federal Court of Justice said, and no illegal imitation of the fruit gum products.