Ritter Sport won the lawsuit against Wacker over square packaging

German chocolate manufacturer Ritter Sport won a legal dispute with Mannheim-based company Wacker over the packaging of square oat bars Monnemer Quadrat Bio. The Higher Regional Court of Stuttgart on November 5, 2026, upheld the chocolate manufacturer's claims to cease the use of the disputed packaging and to compensate for damages.

Presiding Judge Christoph Stefani stated that the packaging of the two manufacturers has above-average similarity, and the products themselves can be considered at least moderately similar. According to the court, this creates the likelihood that consumers might confuse the products or associate them with a single manufacturer.

Ritter Sport filed a lawsuit against Wacker in 2025. The company claimed that the oat bar packaging infringes on its registered trademark rights.

In Germany, Ritter Sport holds rights to the distinctive shape of chocolate packaging. The protection extends not only to its square format but also to certain design features, including side folds and a longitudinal seam on the back.

The manufacturer also pointed out that chocolate and oat bars belong to closely related product categories. They may be purchased for snacking and consumed in similar circumstances, so, according to Ritter Sport, the similarity in packaging could mislead consumers.

Why the court changed the initial decision

In January 2026, the Stuttgart Regional Court dismissed Ritter Sport's lawsuit, finding no trademark infringement. Following this, the chocolate manufacturer filed an appeal.

The Higher Regional Court reached the opposite conclusion. It recognized the similarity of the packaging as sufficient to create a risk of product confusion and upheld Ritter Sport's claims.

In addition to ceasing the use of the disputed design, the company sought the recall of previously supplied bars and compensation for damages. The court found these claims justified, although the specific amount of compensation has not yet been disclosed.

Wacker has already suspended online sales of the square Monnemer Quadrat Bio bars to limit potential financial consequences of the litigation. Instead, the company has begun offering a traditionally elongated product called Monnemer Klageriegel.

However, the decision from November 5 is not final. The court did not allow a regular appeal, but Wacker can challenge the refusal to admit the case for consideration by the Federal Court of Justice of Germany.

Company executives have stated their intention to continue the legal dispute. Until the possible further proceedings are concluded, the decision in case No. 2 U 3/26 has not come into legal force.