Cadbury is feeling blue over purple: Cadbury v Nestle
The long-running battle between Cadbury and Nestlé continues. The battle began in 2004, when Cadbury filed a UK application to register a trademark for a particular shade of purple (Pantone 2685C) in Class 30. Initially, the UK Intellectual Property Office (IPO) refused registration on the basis that the mark was devoid of distinctive character. Cadbury filed evidence demonstrating use since 1914, which satisfied the IPO that the mark had acquired distinctiveness and it was subsequently accepted. The specification of goods of the application read: ‘The colour purple [Pantone 2685C], as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods.’
Nestlé’s opposition to the mark proceeding to registration failed.
A disgruntled Nestlé appealed to the High Court (HC). Its primary argument was that the mark fell foul of Article 2 of the Trade Marks Directive (2007/95/EC), i.e. the mark was not a ‘sign’ that could be ‘represented graphically’. Nestlé argued that the description of the mark could cover a number of different ‘signs’ and the ‘unknown number of signs means that the representation is not “of a sign”’. The HC upheld the IPO’s decision to allow registration in relation to milk chocolate products. Nestlé appealed to the Court of Appeal (CA). The appeal was heard alongside the Spear v Zynga case, given that the two cases raised many similar points…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Freshfields Bruckhaus Deringer has made waves in Manchester by offering the city’s paralegals turbocharged salaries to switch allegiances.
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all