The discounter Aldi Suisse must withdraw red-wrapped chocolate balls from the market in Switzerland. The commercial court in the canton of Aargau sees a risk of confusion with the Lindor balls from Swiss chocolate manufacturer Lindt & Sprüngli, according to a ruling.
Lindt had filed a lawsuit against Aldi because of the chocolate balls. The Commercial Court ruled in favor of the company with regard to the red-packaged balls: "The defendant unnecessarily based its red 'Feine Schokoladenkugel' (...) on the red Lindor ball", according to the ruling.
There is no objective justification for Aldi offering its chocolate balls in a presentation that is so similar to the Lindor balls.
Aldi must declare sales with red balls
However, the court did not see any risk of confusion with balls packaged in different colors. The court ordered Aldi Suisse to quantify the number of balls sold and the turnover achieved with them.
Lindor balls are a Lindt trademark. They are packaged like a sweet and are sold both individually and in larger packs. According to Aldi, it had been selling its balls under the brand name "Moser Roth" in Switzerland since 2016.
The verdict was handed down on March 10, but is not yet legally binding. The "Aargauer Zeitung" first reported on it.