Cox Padmore Skolnik & Shakarchy LLP
866-716-3813 Blog Contact
Menu

Court's copyright decision against chocolate maker Lindt

Businesses throughout the world, including New York, take a multitude of steps to help their products sell better than others on the market. One of those steps is to protect the appearance of its product and prevent other businesses from duplicating it. This may be done via a copyright registration. Recently a copyright issue that may be of interest to individuals throughout the world, reached a conclusion in a federal court in Germany.

The court's decision came at an appropriate time of year, considering the subject of the lawsuit-- gold-foil wrapped Easter bunny chocolates. Swiss chocolatier, Lindt & Spruengli, had been attempting to trademark the Easter treat to keep others chocolate makers from packaging their chocolate rabbits in the same manner. Lindt had been trying to register the product for 12 years. This was the fourth such case it had litigated regarding the issue.

The question facing the administrative court was if the gold-foil wrapped Easter bunny chocolates could be registered as a copyright after having been used for years as a trademark. The court apparently determined they could not. This lack of copyright protection is a boon to competitors of the Swiss company as it makes it possible for them to make and sell similar products.

These types of cases can be drawn out and expensive. They are also usually very complex. Depending on the size of the business involved in such a conflict, its survival could be at stake. For these reasons it is important to work with a lawyer who understands the processes and options.

Source: NPR.com, "Chocolatiers Lindt Loses Final Appeal To Trademark Golden Easter Bunnies," Eyder Peralta, March 28, 2013

No Comments

Leave a comment
Comment Information

Consult Our Skilled, Pragmatic Manhattan Commercial Litigation Attorneys

Tap To Request An Exploratory Consultation ยป

Entrepreneurial, Corporate and Individual Legal Services For Domestic And International Clients

To Request A Consultation By Phone, Call: 917-512-4332 (NY/NJ) | 917-512-4332 (CO) | 866-716-3813 (Toll Free)

New York Office
630 Third Avenue 19th Floor
New York, NY 10017

Toll Free: 866-716-3813
Phone: 917-512-4332
New York Office Map

Great Neck Office
98 Cutter Mill Road, Suite 310N
Great Neck, NY 11021

Toll Free: 866-716-3813
Phone: 917-512-4332
Great Neck Office Map

Hackensack Office
27 Warren Street, Suite 304
Hackensack, NJ 07601

Toll Free: 866-716-3813
Phone: 917-512-4332
Hackensack Office Map

Denver Office
1060 Humboldt Street
Denver, CO 80218

Toll Free: 866-716-3813
Phone: 917-512-4332
Denver Office Map