a German - Swiss satire near the Debilitätsgrenze!
every child knows him - the chocolate bunny! For the first time, the "Easter Bunny" is already officially in 1682 by the medical professor Georg Franck von Frankenau in his publication called "De ovis paschalibus - from Easter eggs" is mentioned. Georg Franck Frankenau described by the time this custom designed for the region of Alsace and adjacent Areas and reported in the medical treatise on the negative health effects as a result of the excessive consumption of eggs. German-speaking emigrants have carried the tradition of the Easter Bunny in the world and spread, and so we give him every year again: the Easter Bunny!
We know him in different types: packaged in gold foil, closed with and without bows, wrapped in cellophane or in a representative box with a fluffy synthetic grass draped around their paws - sometimes serious and joyful - and each is likely the "Easter Bunny" know from the television advertising of the company Lindt & Sprungli: In golden Foil-wrapped and lovingly puts him an honorable term employees of the company finally a red bow with a golden bell around his neck.
My personal opinion on this: Just this last production step, I would like at it and this would be deserving employee of the House of Lindt & Sprungli been seized by pressing a hand to thank him for this selfless service! If only for this brainwashing should be shown as a customer the company Lindt & Sprungli the dark red card!
Conclusion: Easter bunny happy = saved = happy customer!
So far as good if it did, there would be for not a traditional company from the Franconia Cadolzburg, the company Riegelein & Son, known also in the chocolate production established that packages including each year and chocolate Easter bunnies, in gold foil, However, the printed red neck ribbon only, manufactures and sells and has for years been sued by the Swiss-based company Lindt & Sprungli before various federal courts to the German Federal Supreme Court.
..... and now it is close to the borderline range for real satire raises
The Lindt & Sprungli since Years the company Riegelein plan to offer an almost confusingly similar gold Easter bunnies to sell on the market, thereby violating the trademark law. For years now the federal long-established company Lindt & Sprungli a process brought by one of omission of information (-?? So what if you please have a chocolate Easter bunny else be in it as chocolate and air) and damages against the Home & Riegelein son to leave the production and sale of their gold-Easter ban in court.
Both the District Court of Frankfurt am Main, and the Higher Regional Court of Frankfurt am Main have a trademark similarity clearly denied having been identified as evidence by the company Riegelein son & a photo of a similar chocolate Easter bunnies, the color film, but based on the evidence presented pictures clearly represent a golden hue, but rather in the field of bronze, was presented. For a confusion between the Easter Bunny Riegelein & Son vs. Lindt & Sprungli had, however, both Easter Bunny must be clearly packaged in an identical gold foil.
The Lindt & Sprungli appealed against this ruling before the Supreme Court appeal on a Federal Court, the Supreme Court reversed the decision and remanded the action to the Higher Regional Court of Frankfurt am Main. So far so good! At least now the right time would have been to disappear by Lindt & Sprungli this strenuous action against the company Riegelein & Son in the shredder and easy to forget with size. Far from it, after all, represents one by Lindt & Sprungli the sole interests of the gold-Easter Bunny!
Now this is more than ridiculous provincial farce of the highest order in the third round. That is the second time (!!!) was repealed the ruling of the Higher Regional Court of Frankfurt am Main due to the proposed revision of the Lindt & Sprungli by the Federal Court after the in the appeal trial before the Supreme Court in order to evidence submitted Chocolate Easter Bunny & Company Riegelein son was suddenly gone and untraceable. Even meticulous research revealed no evidence that Justice officials hungry poor chocolate rabbits had eaten or should be kidnapped and that only towards the payment of a large ransom again issued.
The Federal Court is now occupied since 2006 (document number I ZR 37/04 of 26 October 2006) with the province of the House Posse Lindt & Sprungli to the golden Easter bunnies and again was the verdict of the Court of Appeals objected and back to the Court of Appeal referenced. According to the Federal Supreme Court The Frankfurt court had not carefully enough to determine the extent not possible but there is a huge confusion between the chocolate Easter bunnies Company Riegelein & Son, and Lindt & Sprüngli in the population.
... Easter Bunny - Higher Regional Court of Frankfurt am Main - third appearance:
For these now already been settled near the Debilitätsgrenze Posse consequently (!!!) a survey conducted among the population. This market study was not "the" Lindt & Sprungli presented Gold Easter Bunny, but only one in gold foil wrapped chocolate bunny without printing, without a red bow and without bells. The majority of respondents identified this as a chocolate Easter bunny rabbit original gold from Lindt, whereupon the Court of Appeals suggested that recognition is based only on shape and color of the gold foil, but not because of the attached bows with bells. This reasoning of the Appellate Court gave the Federal Court but did not provide sufficient and therefore now referred the case to trial again back to the Higher Regional Court of Frankfurt am Main.
one must note in this regard that the company Lindt & Sprungli "his" three-dimensional gold rabbit in 2000 within the EU and in 2001 in Germany Brand has registered and registered. Since that is the Swiss company Lindt & Sprungli court and not only against the house Riegelein son, but to a large number of competitors in the market to restrain the manufacture and sales, although since the 90's traditional Easter bunny in gold foil packed are manufactured in Europe and sold.
My conclusion: If
the whole not really reality, you could live in this province Posse German courts for a successful appearance at the former Royal Bavarian District Court hold, but have since been tried in addition to the District Court and the Higher Regional Court of Frankfurt am Main and the Federal Court! The very fact that the Federal Court to deal with such petty fights grave of the company Lindt & Sprungli must show me where we stand now: Poor bunny!
All Power to the Consumer:
As buyers see this as more and more ridiculous than absolutely narrow-minded approach of the company Lindt & Sprungli against the company Riegelein & Son and Others more critical and therefore are it is for me only only logical conclusion: no more products from Lindt & Sprüngli - and certainly no gold Easter bunnies!
One thing you should not ignore: the accrued and certainly not very significant cost for this special type of Gerichtsbespaßung by the company Lindt & Sprungli paid by the buyer with any product from this house!
Jutta Ansani Lotz-Hentschel
practice "healing life energy"
sources:
The title protection indicator, Germany's leading specialty media for title protection, from Jul 27, 2010
BGH Bundesgerichtshof of 15 July 2010 (document number I ZR 57/08)
Economic and Social Rights, Contribution from July 21, 2010
Image: http://www.pixelio.de/ (© Claus Zewe)
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