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Sweet justice: Lindt beats Haribo in gummy bear court battle

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The gold gummy bear made by Haribo (R) and a foil-wrapped chocolate "Teddy" (L). Haribo lost a long-running battle against Lindt when a German federal court ruled that the chocolate teddy bears produced by the Swiss giant were not a copy of the German sweets maker's gummy bears. Photos: AFP and EPA

Lindt savoured a victory over Haribo  Wednesday in a long-running legal battle after a German federal court ruled  that the chocolate teddy bears made by the Swiss giant were not a copy of the  German sweets maker’s gummy bears.

“Lindt’s sale of bear-shaped chocolates wrapped in a golden foil with a red  ribbon is neither a violation of Haribo’s ’Gold Bear’ trademark nor an illegal  imitation of the fruit gum products,” the court ruled.

The German candy manufacturer had taken Lindt & Spruengli to court in 2012  after the Swiss chocolatier began selling their “Lindt Teddy” figurines in 2011  for the Christmas season.

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Haribo claimed that the gold-foil packed Lindt teddies were an imitation of  the gold colour bear illustration -- which also features a red ribbon around  its neck - on its jelly bear packaging.

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The Swiss company argued however that the teddy bear figurines were  inspired by its best-selling “Gold Bunny” chocolates, which are also wrapped in  a golden foil and decorated with a red ribbon and a little bell.

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