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OLG Stuttgart Rules for Ritter Sport in Square Bar Packaging Case

Enforcement of Ritter Sport’s 1996 DPMA packaging mark could raise questions about the legal reach of shape protection.

Overview

  • The Oberlandesgericht Stuttgart ruled for Ritter Sport on Thursday, November 5, 2026, granting claims for an injunction and damages over Wacker’s 'Monnemer Quadrat Bio' square oat bar (case no. 2 U 3/26).
  • The court said the two packagings were 'überdurchschnittlich' similar and found a likelihood of consumer confusion, relying in part on Ritter Sport’s DPMA-registered blank packaging mark from 1996.
  • Wacker has pulled the square bar from online sale and temporarily replaced it with a conventional elongated product called the 'Monnemer Klageriegel' to limit exposure to further claims.
  • The OLG reversed an earlier Landgericht Stuttgart ruling that found no infringement, and the decision is not final because it can still be challenged at the Bundesgerichtshof.
  • Legal experts say the judgment binds only the two companies and is unlikely to force action against long-established square snacks, but consumer groups warn that broader shape protection could increase uncertainty for other manufacturers.