Trademarking the chocolate bunny?

A European court is scheduled today to rule on a request to trademark the chocolate bunny.

Lindt Chocolate of Switzerland already has a European trademark for its Easter rabbit, a foiled hollow chocolate version with Marty Feldman eyes and a pissed expression. In fact, it looks much like the ones I received back in 1955.

The case challenges trademark law's handling of three-dimensional objects. According to the Wall Street Journal (subscription), courts have been reluctant to address supposed trademark violations of items such as Lego blocks. Adding this third dimension hugely increases the variables in any trademark.