Trademarks and Chocolate

The German Federal Court of Justice has recently decided in favour of Lindt and its chocolate bear in a golden wrapping (a well-known favourite during the festive season). The court found that the Haribo’s gummy bear sweets and its trademark, the “GoldBear” was not being infringed by Lindt’s gold bear, finding that there was no similarity! Apparently, Haribo only applied for the trademark “GoldBear” after learning of Lindt’s decision to produce golden chocolate bears.

Can you tell the difference?