Bad Faith Bunnies

    September 2009

    Case C-529/07 Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth GmbH (11 June 2009)

    This was a referral to the ECJ arising from a dispute about chocolate Easter bunnies. It is the first time the ECJ has been asked to provide guidance on the interpretation of "bad faith" within the meaning of the Community trade mark legislation. The trade mark at the centre of this case was a registered CTM and consequently the ECJ was asked to interpret the Community Trade Mark Regulation (Council Regulation 40/94) (the "Regulation"). Similar concepts are used in the Trade Marks Act 1994, which implemented the Trade Marks Directive into English law, and which governs UK national trade marks.