HARIBO GOLDBÄR is in top form!
Trademark protection doesn't end at the sales shelf – it extends to the very last bite! The Hamburg Regional Court (judgment of 25.10.2024 – 315 O 125/22) confirmed this in a recent ruling, thereby strengthening the three-dimensional shape trademark of HARIBO GOLDBÄREN.
HARIBO successfully defended its famous gummy bears against a competing product that was confusingly similar to the original. The chamber clarified that the trademark function of origin encompasses not only the packaging but also the unpackaged product shape. Crucial for the above-average distinctiveness of the 3D trademark was, among other factors, the years of intensive promotion of the Goldbears – both packaged and unpackaged.
For manufacturers and retailers, this means: Packaging does not protect against trademark infringement! Even when unpacking and consuming, consumers can intuitively associate the shape with the original manufacturer – and that is precisely what is relevant under trademark law.
We analyze what this ruling means for the protection of three-dimensional trademarks in the current GRUR-PRAX.
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