Food, Beverages & Tobacco Team of the Year: Chocoladefabriken Lindt & Sprüngli

In September 2015, in a much-anticipated decision, the German Federal Court of Justice found that there was no likelihood of confusion between Lindt’s gold-foil-wrapped chocolate bear and Haribo’s word mark GOLDBÄREN. “The successful completion of the Haribo v Lindt Teddy case was a highlight for our team last year,” reflects Nicholas Studler, head of intellectual property at Lindt & Sprüngli. “We are proud that our case helped to build the case law in Germany and serves as clarification for other brand owners. The key takeaway for counsel is that, in Germany, a word mark that directly describes a product (‘golden bear’) has a limited scope of protection and does not cover any kind of motive of a shape for a product (in this instance the golden Lindt Teddy bear-shaped product).”

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Issue 72