With Easter slowly approaching, you'd be forgiven if you expected to read about a yet another chapter in the perennial Easter Bunny dispute(s). However, this Kat can offer you an update on the Haribo vs Lindt Gold Bear trade mark dispute: according to information published on the German Federal Court of Justice's website, this equally gold-themed matter has now reached Germany's highest court in civil matters and a hearing in this dipsute has been scheduled at the BGH for 25 June 2015, (BGH case reference I ZR 105/14).
|The original gold bears|
It is now for the BGH to decide whether Lindt's teddies are conceptually or otherwise too similar to Haribo's earlier rights. May this even be another reference to the CJEU? Will all evidence make it safely to the BGH? Our readers will recall that the BGH had reversed and remanded ajudgment by OLG Frankfurt in one of the Easter Bunny disputes, mainly because the Riegelein chocolate bunny submitted in evidence was missing from the files (please see here and here for reports on this odd event) ... Only time will tell!