October 26, 2015

Chocolate maker fails in high-profile trademark case

Nestlé was unable to persuade Judges to allow it to trademark its four-fingered KitKat bar in the United Kingdom.

The firm has been locked in a tussle with its competitors Cadbury, who are making their case against the trademark ahead of plans to bring a similar product to the shelves.

Nestlé had argued that even without its red and white wrapping and the name embossed on the chocolate, the shape of the bar was distinct enough to merit legal protection. But their arguments were dismissed by the ECJ.

The case will now go back to the UK’s High Court, who will make a final ruling on whether Birmingham-based Cadbury will be able to go ahead with its product launch.

The legal battle is far from the first to have been centred around a food product. In a separate case this month, a food manufacturer was served with a warning by a rival firm that its new range of square pies was infringing on an existing trademark.

At Royds, our experts can provide comprehensive advice on all aspects of intellectual property law affecting business – we have particular expertise in the jewellery and luxury goods market. For more information please visit or contact Stephen Welfare or John North.

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