Square alert on the snack shelf: Ritter Sport moves on—and Mannheim counters with the "Klageriegel"
Image: Lazy_Bear / Shutterstock.com
A square becomes a bone of contention
Sometimes a shape is enough to cause real trouble. In this case: a square. Ritter Sport has been known for decades for selling chocolate that is "square, practical, good" – and the typical packaging is considered a strong distinguishing feature. This is precisely where the problem lies with a Mannheim-based supplier who has launched an oat/muesli bar in a square shape and design. SWR Aktuell reports on the case.
The bar is called "Monnemer Quadrat Bio" – "Monnemer" as a regional reference, "Quadrat" as a reference to Mannheim, where the city center is divided into squares. For the manufacturer Wacker, this is a local idea. For Ritter Sport, it is a potential dip into its own Trademarks.
Why Ritter Sport won't let up
Ritter Sport lost its case at the Stuttgart Regional Court, but is not accepting the verdict and is taking the matter to the next level: an appeal has been lodged with the Stuttgart Higher Regional Court. This move sends a clear signal: the company wants to prevent similar square packaging from "creeping in" for snacks and eventually creating a gray area in which the square loses its recognition value.
The core of the argument is easy to understand, even without technical vocabulary:
If two products on the store shelf appear similar, this can lead to false assumptions when grabbing them quickly – "oh, that's from them" or "it kind of belongs there." Ritter Sport also emphasizes that chocolate bars/chocolate and granola bars often play the same role in everyday life: quick snack, similar target group, similar situation. And that's exactly where you see the risk of a collision.
What the court sees differently so far
The Stuttgart court initially found no violation of the rules. The general principle is that chocolate is not the same as oat bars. And if the products are not closely enough related, it is difficult to justify a genuine confusion or "free riding" on the good reputation.
This means that even if something looks similar, it is not automatically prohibited—at least not after the initial ruling. However, it is important to note that the ruling is not yet final, as the appeal reopens the case.
Wacker's reaction: back down, but don't give up
Although the Mannheim-based manufacturer has gained momentum following the ruling, it remains cautious. The square bar has been temporarily withdrawn from direct sales or significantly reduced. The reason for this is not "insight," but risk management: if a higher court ultimately decides otherwise, it could be expensive—and then every additional item sold counts as a potential amplifier of the problem.
At the same time, Wacker shows humor and stubbornness in the best sense of the word: instead of disappearing completely, an elongated replacement was added to the range—with a name that seems like a little dig: "Monnemer Klageriegel" (Monnemer complaint bar). This is clever marketing, but also a sign: they feel attacked and are making it visible.
And what does that mean for everyone else?
This dispute is bigger than a snack. It's about how far a company can go in "shielding" a well-known shape—especially when the other side isn't selling the same product, but something that's only tangentially related in the snack world. If Ritter Sport wins, it will be seen as a warning sign: even with similar product categories, the design knife can quickly be at your throat. If Wacker ultimately prevails, it would be an encouragement for small Trademarks: regional ideas and simple shapes are not automatically taboo.
The critical commentary at the end
Consistently trademark one's own trademark is understandable—but it can also quickly look like "claiming ownership of geometry." A square is not a secret recipe, but a basic shape that exists everywhere: in cities, on notepads, in logos, in architecture. If the message ultimately is "squares belong to only one person," then innovation is not encouraged, but intimidated.
And honestly, when a small manufacturer from Mannheim names a snack after the city, a tough, ongoing legal battle quickly seems like using a sledgehammer to crack a nut. Trademarks provide guidance—not to regulate everyday life to such an extent that you end up afraid of every nook and cranny in design.
Source: swr.de
Do you need legal assistance in trademark law? Contact us now and secure expert support!