After a decade-long battle between Ritter Sport on the one hand and Milka on the other, the court ruled: only Ritter Sport can sell square chocolate bars.
In a historic ruling on 23 July 2020, the German Federal Court ruled that Ritter Sport alone retains the right to produce square chocolate bars.
This legal battle between Ritter Sport and Milka, a brand of Mondelēz International, has lasted more than a decade.
The square shape
Milka argued that the square shape was functional and therefore could not be registered as a trademark. However, the court disagreed and ruled that the square shape was a distinctive feature of Ritter Sport, used since 1932, and did not provide a substantial functional advantage that would undermine trademark protection.
This decision not only confirms Ritter Sport’s right to its distinctive square packaging, but also sets a precedent for how shape marks can be viewed in terms of functionality and brand identity.
Historical significance
It highlights the historical significance of the square shape for the Ritter Sport brand, which had originally been introduced as a practical design that fit into the pocket of a sports jacket without breaking.
