Stuttgart Higher Regional Court upholds Ritter SPORT’s trademark infringement claim
Dr. Andreas Schabenberger, partner at HEUKING in Stuttgart, successfully represented Ritter SPORT in enforcing its trademark for the packaging of Ritter SPORT chocolate bars.
Ritter SPORT filed a lawsuit against Mannheim-based Wacker GmbH, which sold oat bars in packaging featuring a nearly square body, two side flaps, and a printed square frame. The basis for the lawsuit is a three-dimensional trademark owned by Ritter Sport that protects the fully neutralized packaging of the Ritter SPORT chocolate bar and was registered on the basis of proven market recognition.
The Stuttgart Regional Court dismissed Ritter SPORT’s lawsuit in a ruling dated January 13, 2026, reasoning that there was no likelihood of confusion and that the requirements for protection of the well-known trademark were also not met.
Upon appeal by Ritter SPORT, the Stuttgart Higher Regional Court, in its judgment announced on November 5, 2026, granted the claim in its entirety. The Stuttgart Higher Regional Court finds a likelihood of confusion between Ritter SPORT’s three-dimensional trademark and the packaging at issue. Chocolate bars and oat bars are at least averagely similar. The packaging is more similar than average, and Ritter SPORT’s three-dimensional trademark has a very high degree of distinctiveness. The Stuttgart Higher Regional Court also affirmed that there was an infringement of Ritter SPORT’s well-known three-dimensional trademark. Wacker GmbH exploited the distinctiveness of the well-known trademark with its packaging.
In its ruling of November 5, 2026, the Stuttgart Higher Regional Court confirmed the protection of Ritter Sport’s well-known three-dimensional trademark.
The judgment of the Stuttgart Higher Regional Court is not yet final. Wacker GmbH may file an appeal against the denial of leave to appeal regarding the judgment of November 5, 2026, with the Federal Court of Justice.
Counsel to Ritter SPORT
HEUKING:
Dr. Andreas Schabenberger (Lead, Trademark, Design, and Copyright law, Stuttgart)
