Gummy bear shape may be protected by competition law

In the dispute between Haribo and Vitana, the Cologne Higher Regional Court has ordered the latter to cease and desist. Specifically, the dispute concerned vegan fruit gums in the shape of bears. Although there are a large number of such products on the market, the specific shape of Haribo’s gummy bears had a so-called competitive character. Due to the decades-long market presence, the high market share and the considerable advertising expenditure, this could even be increased. The very similar adoption of the fruit gum shape is therefore an unfair exploitation of reputation pursuant to Sec. § 4 No. 3 lit. b) UWG. The fact that these are conventional and more expensive vegan fruit gums does not change the result. In addition, the very similar, suitable packaging also facilitated the anti-competitive image transfer (OLG Cologne, judgment of 2 October 2020, Ref.: 6 U 19/20)