TRIAL FOR THE SQUARE CHOCOLATE PATENT
There was an interesting case in Germany that has been going on for years. With two chocolate brands Ritter Sport, Milka was on trial for the square chocolate patent. According to the news in the BBC, Ritter Sport had been marketing its products in the form of its own patent for decades. When Milka became a rival in Germany, the incident gained a legal dimension. Swiss Milka won the first case in 2016, allowing the patent to be deleted.
REASON FOR THE DECISION: IT DOES NOT CAUSE PRICE DIFFERENCES
Ritter Sport carried the case to the Federal Court of Justice. The judges ruled that Milka was unfair. Thus, Ritter Sport became the winner of the 'square chocolate' war. Normally, a brand in
Germany cannot claim patent protection if the figure adds value to the product. The judges, however, decided that this was a different case. The square structure of chocolate was considered as a sign of quality and where it came from for consumers. In this product, it was judged that the shape has no artistic value and does not cause a price difference.
A CHOCOLATE BAR THAT WILL FIT IN EVERYONE'S POCKET
Ritter Sport's square chocolates date back to 1932. Square chocolate was produced after Clara Ritter's request, “Let's make a chocolate that will fit in everyone's jacket pocket, not broken easily and weigh the same as classic chocolate bars”. The family business patented this form in 1993.