Lidl was ordered to destroy its chocolate bunnies after losing a lawsuit against Lindt.
The Swiss company argues that its golden Easter bunnies should be copyrighted by similar products sold in cheap supermarkets.
Switzerland’s top court last year agreed and overturned a ruling by the country’s commercial court that sided with Lidl.
It ordered the destruction of all imitation bunnies, but suggested that the chocolate should not be wasted and could be melted for use in other products.
“Destruction is proportionate, especially since it does not necessarily mean that the chocolate itself has to be destroyed,” it said in a summary of the judgment on Thursday.
It said that while there were some differences between the two products, there was still potential for confusion among consumers.
Lindt’s rabbit has a red bow and bell, while Lidl’s rabbit has a green bow and bell. The color of the foil is similar to the illustration of the feature.
The company has previously filed a court case to protect its popular Easter treat, and last year Germany’s federal court said the shade of gold packaging was also protected.
This isn’t the first “copycat” legal dispute involving a large discount supermarket, whose many private-label products are modeled after established competitors.
Marks & Spencer Agreement with Aldi Earlier this year, after claiming that Cuthbert Cake was too similar to its own caterpillar Colin.