- Expatica countries
Index Last Var.(%) BEL 20 3083.51 0.32 DAX 9605.08 0.17 IBEX 30 10058.5 -1.04 CAC 40 4387.61 -0.20 FTSE 100 6806.86 -0.05 AEX 397.5 -0.20 DJIA 16272.65 0.46 Nasdaq 4318.933 0.63 FTSE MIB 20298.33 -0.11 TSX Composite 14214.35 0.18 ASX 5415.4 -0.10 Hang seng 22836.96 0.04 Straits Times 3110.78 0.45 ISEQ 20 836.3 0.23 EUR / USD 1.37976 0.67 EUR / GBP 0.82571 0.59 USD / GBP 0.598544 -0.10 Gold 1329.6 -0.13 Oil 108.9 -0.76 Silver 21.28 0.08
18/12/2012German gummy bear beats Swiss rival in court battle
A German gummy bear maker won a court battle Tuesday against a Swiss manufacturer of chocolate teddy bears over the marketing of their sweets.
The regional court in the western German city of Cologne upheld the complaint of venerable gummy bear manufacturer Haribo against the distribution of Switzerland's Lindt and Spruengli foil-wrapped "Teddy" bears.
The judges ruled that the "Lindt Teddy" amounted to a "visual representation of the 'Gold Bear'," the brand under which Haribo sells its trademark gummy bears.
Lindt had said that its gold foil and red ribbon to wrap the chocolate bears were in line with the chocolate bunnies the company sells at Easter and that it consciously avoided using the brand name "Gold Bear" or "Gold Teddy".
It also argued that gold was a traditional Christmas season colour and thus appropriate for a holiday treat.
Furthermore, the Swiss company told the court, the two products looked nothing alike and would thus not confuse consumers.
But the judges said that shoppers were likely to refer to the Lindt product as a "Gold Bear" because of its appearance and thus dilute the Haribo brand.
"Most consumers would not use descriptions such as 'golden bear figure', 'gold foil-wrapped bear' or 'gold-coloured chocolate teddy bear'... but rather the closest description, particularly considering how well-known the other brand is: Gold Bear," it said in a statement.
Lindt said it would appeal the ruling.
The Cologne court noted that the case was unique under German competition law.
"What is special about the case is that there has been no high court ruling on the issue of a collision between a brand name and a three-dimensional product design," it said.
© 2012 AFP
- Discussion Forums
Get Real/Novelty Passports, Drivers Licenses and ID cards Get Real/Novelty Passports, Drivers Licenses and ID cards Get Real/Novelty Passports, Drivers Licenses and ID cards Get Real/Novelty Passports, Drivers Licenses and ID cards Get Real/Novelty Passports, Drivers Licenses and ID cards
- Most Popular Articles
Meet the most eligible internationals in Switzerland at Expatica Date!
It’s your one-stop shop for surviving abroad.
Expatica invites expat entrepreneurs in Switzerland to share their experiences of setting up and running their businesses there.
- Inside Expatica
How to apply for a residency or work permit in Switzerland for you and your family.
Information about renting property and obtaining a mortgage in Switzerland.
Information about the Swiss healthcare system, health insurance, pharmacies and emergency numbers.
Explaining Swiss currency, banknotes, credit cards and bureaux de change.