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This month, two of Germany’s most popular chocolate brands met in court to resolve a 10-year dispute. The core of the quarrel between Ritter Sport and Milka is a question: what is the square value?
This month, the German Supreme Court issued a ruling that ended a decade-long dispute between the country’s two most popular chocolate brands: Ritter Sport and Milka.
The core of the case is a question, which seems more suitable to be placed in a philosophy textbook than a court: What is the value of a square?
In 1996, Ritter Sport applied for a patent on its square packaging. The move angered competitors, who thought they were unfairly confined to rectangles. Milka owned by Mondelez stepped up the battle.
According to German Consumer Law, companies can apply for patents for shapes. But there is an important but vague warning: the form involved cannot in itself impart value to the product. In other words, the right angle of the Ritter Sport bar cannot be a reason for people to buy it.
Milka believes that Ritter Sport’s straightforwardness is an intrinsic factor in its value. After all, its slogan: “Quadratisch, Praktisch, Gut” (square, practical, kind) clearly celebrates its form.
The square is also an important part of the story of Ritter Sports. When I visited the company’s cafe and museum in the center of Berlin for the first time, the panel on the wall proudly displayed Clara Ritter’s idea of ​​making a chocolate bar, which can be It just fits the jacket pocket of sports enthusiasts.
But is the square shape the reason you picked up the barbell and lifted it up? German lawyers spent 10 years debating the issue.
At this juncture, I should say that I did not participate in the competition. Sometimes, only a small bottle of Milka crumbs will attract my attention, and only a small bottle of Ritter Sport rum and raisins will satisfy me and others.
In general, the Germans expressed a preference for Mirka. Last year, 36% of Germans surveyed ate a piece of Mirka in the past four weeks. In contrast, Ritter Sport is 28%. Although the difference seems small, in the countries with the highest chocolate consumption rate in Europe (the average German consumes 11 kilograms (24 pounds) a year), even small market share differences can have a significant impact on income.
The German Supreme Court decided in Karlsruhe and the court did not decide. Consumers buy Ritter Sport for its content, not its form. Clothes can make men healthy, but squares cannot make chocolate possible. The quadrilateral monopoly can continue.
Naturally, this was a blow to Mirka. But the company may feel the same. In 2004, it successfully defended the patent for the special purple mixture that has enriched its wrapping paper since 1901. For more than a century, as Germany’s strong interest in chocolate shows no signs of abating, there will be more painful disputes in the future.
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