LEGS8007 Is your chocolate bunny distinctive?

I hope you are enjoying the Easter break.  While you are munching on your chocolates today take some time to consider the Lindt Chocolate Bunny.

Do you consider the shape of the bunny to be distinctive? What about the gold wrapper? Or the red ribbon with the bell? Are they distinctive elements that can serve as indicators of origin?  Or are they all just things commonly used in the trade.  What about the combined effects of all three elements?

When you see a bunny with this shape, gold foil, and a red ribbon with a bell do you recognise it as one manufactured by Lindt?  The Court of Justice of the European Union doesn't think so. You can read the full 2012 decision in Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).