Schokolade vs. Haferriegel: Ritter Sport kann auf Sieg vor Gericht hoffen - darum geht's

Ritter Sport seeks victory in a trademark dispute, hoping for a favorable ruling from the Oberlandesgericht Stuttgart. The court signaled its approval for the chocolate manufacturer's lawsuit against Wacker AG from Mannheim. Ritter Sport is challenging the square-shaped oat bar "Monnemer Quadrat Bio" due to perceived infringement of its trademark rights.

The company lost the initial trial at the Landgericht Stuttgart earlier this year but has appealed the decision. The Oberlandesgericht sees Ritter Sport as correct in its legal position. The court is expected to announce its verdict on November 5th. The background and perspectives from those involved are as follows: What does the Oberlandesgericht Stuttgart say?

The presiding judge, Christoph Stefani, stated that the packaging is "above average" similar, posing a risk of confusion between the products. Both have a similar purpose, consumed as a midday snack and energy provider, directly from the packaging. The symbols on the Haferriegel's packaging were not enough to distinguish it from Ritter Sport's packaging.

Ritter Sport did not consent to the use of its brand. "A violation of the trademark law has occurred," Stefani said. There is a claim for an injunction and damages. How did the dispute begin? In November 2024, Wacker AG introduced the "Monnemer Quadrat Bio" oat bars to the market, with the packaging design inspired by Stuttgart.

However, it also resembled the square-shaped Ritter Sport bar, albeit smaller and with longer side flaps. In January 2025, the Mannheim family company first received correspondence from the chocolate manufacturer, followed by the lawsuit. Besides damages, Ritter Sport seeks the discontinuation of the current packaging and a recall of previously shipped goods.

What does Ritter Sport find objectionable? The square bar infringes on Ritter Sport's trademark protected packaging since 1996. They argued that chocolate and oat bars are similar products aimed at the same target audience for the same occasion. Therefore, Ritter Sport fears a brand collision. What is the basis for Ritter Sport's lawsuit?

The company has a blanket packaging registration for chocolate with the German Patent and Trademark Office, consisting of typical side flaps and a longitudinal seam for folding on the back. Ritter Sport has previously defended its trademark rights in court, such as in a long-standing case against competitor Milka. How does Wacker AG argue in court?

Geschäftsführer Matteo Wacker claims that "our Monnemer Quadrat Bio are not chocolate at all." In supermarkets, chocolate and oat bars are sold in separate sections. "The purpose of consumption is also different - one is simply a sweet, a chocolate, and the other is a full-fledged snack." What do the Mannheim authorities say about the court's assessment?

The Wacker couple expressed shock after the hearing. "It was genuinely very, very surprising," said Geschäftsführerin Melanie Wacker about the court's position. "I believe we must learn to control ourselves and not start crying." Melanie Wacker noted that both parties still believe they are right. They would consider whether to proceed against the decision or not.

"We will naturally think about it emotionally, because it is incredibly annoying and feels unjust," the 37-year-old said. However, they must also consider the economic aspects. According to their lawyer, a legal battle could cost up to 80,000 euros if they lose. What has Wacker AG responded to the lawsuit? Customers can no longer order the square-shaped oat bar with coconut or hazelnut flavors online.

The product was temporarily removed from the inventory and replaced with the classic rectangular bar, named "Monnemer Klageriegel" by Geschäftsführer Matteo Wacker. The concern is the potential for damages. If the dispute drags on for several years, every sold bar could increase potential compensations, Wacker noted. Can the dispute be resolved with the verdict on November 5th?

The Senate is expected to announce its verdict on November 5th. It is possible that the court will allow an appeal to the Federal Court of Justice, as stated by a court representative. If not, one of the parties may also file a non-litigation complaint with the Federal Court of Justice.