The Polish newspaper Gazeta Prawna reports (this article is available courtesy of Polish Patent Office's press reviews of daily articles devoted to IP rights) recent judgment of the Polish Supreme Court (act signature I CSK 96/08) of 3 October 2008 regarding dispute between Lindt & Sprüngli from Switzerland and Polish company TERRAVITA Sp. z o.o. from Poznan.

The Supreme Court held that chocolate Easter bunnies which are produced on the same matrices but are manufactured by two competing firms are only similar in shape. Other elements vary considerably which, in consequence, results in no likelihood of customer confusion as to the origin of goods.

According to Gazeta Prawna the Court ruled that, although there are similarities in the bunnies' shapes (that because the Polish company bought matrices from Swiss company), the gold packages of those two products differ significantly because one has a darker hue, the other a brighter shade. Polish bunnies do not have bells and their bows are painted. According to the Supreme Court there is also a significant difference in price, the Polish product being cheaper. The Court has also confirmed the findings of a lower court that the only distinctive element apart from the shape is the name of the manufacturer. Therefore there is no likelihood of customer confusion as to the origin of goods.

Class 46 will return to commenting on this judgment once the Court publishes its justification which, according to the Court's rules, should last 30 days plus administrative actions (signatures, editing etc.).