Haribo, the German confectionery giant, has secured a preliminary victory in a long-standing copyright dispute concerning the appearance of its iconic gummy bears in Denmark. The Eastern High Court ruled in favor of Rigo Trading, the owner of Haribo’s trademark rights, granting them the right to pursue a Danish patent for the specific design of the gummy bears that Haribo has been selling in Denmark since 1978.

This decision overturns previous rulings by the Maritime and Commercial High Court, the Danish Patent and Trademark Office, and the Board of Appeal for Patents and Trademarks, which had all rejected Rigo Trading’s claim. The High Court now asserts that the unique appearance of the “gold bears” warrants protection against imitation.

The legal battle reflects Haribo’s efforts to safeguard its brand identity and prevent other manufacturers from producing similar gummy bears. Despite the presence of other gummy bear products on the market, the High Court maintains that Haribo’s status as the original designer entitles them to patent protection.

Haribo has actively defended its intellectual property in the past, including a 2015 demand that Flying Tiger stores remove their gummy bears from shelves. At that time, other retailers like Rema 1000 and Irma were also selling gummy bears not manufactured by Haribo.