Ritter Sport continues legal battle over square chocolate packaging

Germany’s Ritter Sport, known worldwide for its trademark square chocolate bars, has appealed a court decision ruling that a rival confectionery maker may continue to sell square-shaped treats, the Stuttgart Higher Regional Court said on Monday.

Ritter Sport, which acquired the rights for the packaging of its hallmark square chocolate bars in 1996, sued family-owned company Wacker over the packaging of its oat bars, claiming that it copies the Ritter Sport design.

But the Stuttgart regional court dismissed the complaint in January, with presiding judge Thomas Kochendörfer arguing that the court did not see any signs of trademark infringement.

Ritter Sport argues that the square packaging is a key distinguishing feature of its chocolate bars, which come in all kinds of flavours ranging from simply milk and hazelnut to peppermint and smarties.

Chocolate and oat bars are similar products consumed by the same target group for the same purposes, according to Ritter Sport, which said it fears brand collision.

Mannheim-based Wacker has since temporarily stopped sales of its square-shaped coconut and hazelnut-flavoured oat bars, citing fears of potential damage claims.

Each bar sold could increase potential damages should the legal dispute continue for years, Wacker founder Matteo Wacker said.

The bars have been replaced with a classic oblong bar dubbed Monnemer Klageriegel – or Mannheim Complaints Bar, in a nod to the ongoing lawsuit.

The packaging of the cocoa-hazelnut bar is imprinted with Lady Justice.