Lindt is suing Aldi
Discounter has to remove chocolate balls from its range
Updated 12/26/2024 – 1:18 p.mReading time: 2 minutes
A court ruling forces the discounter Aldi to remove its chocolate balls from its range. The accusation: unauthorized imitation of the famous Lindor balls from Lindt & Sprüngli.
Lindt & Sprüngli has successfully sued the discounter Aldi at the Aargau Commercial Court. The chocolate manufacturer saw the design of the Moser Roth brand chocolate balls as an unacceptable imitation of the Lindor balls, as the “Aargauer Zeitung” reports.
The conflict was sparked by the so-called “Christmas Edition” of Moser Roth balls, which Aldi has been offering in red and blue packaging since September. According to Lindt & Sprüngli, these colors and the design of the packaging closely resembled the appearance of Lindor products.
After a warning letter from Lindt on December 3rd had no effect and Aldi rejected the allegations, the Swiss chocolate manufacturer applied for an injunction against the sale of the affected products.
The commercial court followed Lindt & Sprüngli's argument. In its judgment of December 14, it ruled that the packaging of the Moser-Roth balls was “objectively closely based on Lindor balls” and that there was a “risk of association with the Lindor balls for future purchases.” The court then banned Aldi from selling, advertising and distributing the products in Switzerland.
The settlement talks, to which the President of the Commercial Court had previously invited on December 13th, remained inconclusive. In addition to the sales ban, Aldi could also face claims for damages if Lindt & Sprüngli files a lawsuit in the main proceedings by March 13, 2025. For Lindt, the focus is on protecting a high-turnover product segment: Lindor balls generate around 47.8 million euros in sales annually.
Aldi had always rejected the allegations and emphasized that the design of the Moser-Roth balls was independent and standard in the industry. Nevertheless, the company had to remove the affected products from its range.
