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Prohibition on Lindt’s packaging based on Gold Bears wordmark

Prohibition on Lindt’s  packaging based on Gold Bears wordmark

Haribo has been producing wine gums since 1967 in the shape of a bear. The sweets are sold under the brand GOLD BEARS in bags. The packaging contains a golden bear (a cartoon character) with a red bow around his neck. Haribo registered the wordmark HARIBO GOLD BEARS in 1975.
In line with her golden chocolate bunnies, the Swiss chocolate manufacturer Lindt introduced a golden bear in November 2012. The bear is wrapped in a gold foil with a red bow around his neck. On the belly of the bear are the words LINDT / TEDDY. Haribo starts a lawsuit, claiming the packaging infringes the mark GOLD BEARS.

 

Lindt disputes this: the trademark is TEDDY and not GOLD BEAR. GOLD is the usual color for Lindt’s packages. The packaging is in line with the bunnies from Lindt (also gold foil with red bow).

The court is not convinced. Buyers see the chocolate bears (the package) and refer to them as Gold Bears. This could cause confusion with the bears from Haribo. Lindt gets a sales ban imposed. Typical in this case is that a wordmark is responsible for a packaging being prohibited. Lindt has announced to appeal.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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