Lindt’s chocolate bears: when can a three-dimensional mark infringe a work mark?

In December 2012, the Regional Court of Cologne ruled that Lindt’s chocolate bear infringed Haribo’s GOLDBÄREN (in English ‘Gold Bear’) word marks. The court accepted that Lindt did not use the word GOLDBÄREN but it held that the sight of Lindt’s three-dimensional chocolate bears would call to mind Haribo’s gold bears, resulting in a dilution of its mark. Lindt appealed to the Higher Regional Court of Cologne…

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