Lindt & Sprungli has said its chocolate teddy, which is at the centre of a trademark row with rival confectioner Haribo in Germany, will remain on sale despite the Swiss firm receiving a legal setback.

A court in Cologne has backed Haribo's claim that Lindt's Teddy Bear infringes its Goldbären gummy bear trademark.

However, a spokesperson for Lindt said the case will go all the way to Germany's highest court under an agreement between the two companies.

"Haribo and Lindt agreed on bringing this case through all instances and to achieve a supreme court decision on this question which has never been ruled by a court before. The decision of the Landgericht Köln was the first instance decision. This decision and all further decisions will be appealed (by Lindt or Haribo) until supreme court's decision will be achieved," the spokesperson told just-food.

"During all this time and until then, the Lindt Teddy will be sold on the market without any restriction."