Lindt Chocolate Bunny Case Hops Back To Austria

Law360, New York (June 11, 2009, 12:00 AM EDT) -- The European Union's highest court has declined to take a stand on whether Swiss chocolate giant Chocoladefabriken Lindt & Spruengli AG secured a chocolate bunny trademark in bad faith, shipping the matter back to the Austrian national court for further consideration.

The European Court of Justice on Thursday named several factors for the Austrian court, Oberster Gerichtshof, to consider when reassessing the case, but it did not issue formal criteria on what constituted bad faith in the trademark realm as requested.

“Whether the applicant is acting...
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