Easter has come and gone, and with it - it would seem - protection for one particular bit of wildlife.

The German Federal Court of Justice has ruled that Swiss company Lindt & Sprüngli’s Easter bunny with the red ribbon and gold foil can be copied by Riegelein Confiserie, a German rival.

The decision brings to an end a case that has rumbled on since 2000. Riegelein Confiserie said it had been producing seated, gold foil-wrapped chocolate bunnies for around 50 years. Lindt, for its part, said it was disappointed with the decision and would “continue to defend our Lindt gold bunny in the future whenever necessary”. But it may have its work cut out, as the European Court of Justice already ruled in May 2012 that its chocolate bunny with the red ribbon was not distinctive enough to be trademarked though out the European Union.

The news comes as chocolate makers in Belgium seek protected status on their wares to ensure that the term ‘Belgian chocolate’ is a stamp of quality. “Belgian chocolatiers should follow the example of their Swiss counterparts,” suggested IP lawyer Ed Meikle, on thegrocer.co.uk. “Manufacturers of Swiss chocolate were successful in stopping Cadbury’s Swiss Chalet, which was made in England from standard Dairy Milk.”

Mr Meikle pointed to a similar case involving ‘Greek’ versus ‘Greek-style’ yoghurt. Last week, a high court judge ruled that ‘Greek’ yoghurt has to be made in Greece, and prohibited yoghurt maker Chobani from marketing its US-made products as Greek in the UK.

But even if a product is not connected with a particular region, foreign-made rivals can pose problems. Figures released today showed that Scotch whisky volumes have dropped by 70 million bottles in the last year, with a hike in excise duty in France to blame for three-quarters of that decline. Simon Mathers pointed out on the grocer.co.uk that whisky produced in France, such as Bastille 1789, is growing in popularity: “It could be local markets are finding good alternatives to Scotch. This could be a worry in the long term.”

None of which will provide much consolation to Lindt. Perhaps sales of Easter eggs this year will bring some cheer. For more on that, keep an eye out for this week’s edition of The Grocer.

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