BERLIN — Germany’s iconic gummy bear has won a sweet legal victory over a foil-wrapped Swiss chocolate teddy.
Cologne’s regional court ruled in favor of Germany’s Haribo GmbH on Tuesday, saying that Switzerland’s Lindt & Spruengli AG had violated its trademark on the ‘‘Goldbaer’’ or ‘‘Gold Bear’’ gummy bear name. It banned the further sale of Lindt’s gold-foil wrapped chocolate bear.
The court said even though the Lindt product was officially called the ‘‘Lindt Teddy,’’ consumers would naturally refer to it as ‘‘Gold Bear’’ because of its packaging.
The normal Haribo gummy bear package features a cartoon bear wearing a red ribbon around its neck, while the Lindt product features a bear caricature printed on gold foil, with a real red ribbon wrapped around its neck.
Bonn-based Haribo had argued the two products often end up side-by-side on shelves and that consumers would be confused.
Lindt had argued there were enough differences to avoid confusion.