> “Destruction is proportionate, especially as it does not necessarily mean that the chocolate as such would have to be destroyed,” it said in a summary of its verdict.
Yes, it does. The cost of melting and repackaging would likely exceed the value of the raw product.
It's like breakfast cereal --- most of the production cost is in the processing and packaging.
But this ruling from a Swiss court is no real surprise since Lindt just happens to be a Swiss company. It remains to be seen if the shape of a rabbit alone can be enforced internationally as a valid trademark. It's my understanding that a key component of Lindt's trademark involves a gold foil wrapper which is absent on the Lidl product.
