Trademark Law battle between Cadbury and Nestlé finally over.
Cadbury’s have won their 3 year trademark law battle. Cadbury applied in 2008 to trademark the purple colour, Pantone 2865c in a number of categories, registration was challenged by Nestlé who claimed it “lacked distinctive character”.
The Swiss group’s challenge failed this week after the registrar at the UK Intellectual Property Office ruled in Cadbury’s favour. The IPO said that Cadbury had showed enough “distinctive character” for a trademark and that Cadbury had provided significant evidence of its long-term use of the colour, employed since 1914.
One legal expert said that while this is an interim judgment of the trade mark law case, the decision was unlikely to be changed in the final report. Nestlé can appeal the decision.
Cadbury have the right to trademark the colour for packaging its chocolate in bar and tablet form as well as eating and drinking chocolate. However following Nestlé’s objections, the trademark use does not include chocolate cakes, confectionery or chocolate assortments. This ruling has meant that Nestlé can continue to use a similar purple colour in its Quality Street assortment.
A spokesman for Cadbury said the group was “pleased” with the ruling, he added that the colour was something those at the company “jealously guard”.
In his ruling, Allan James, the registrar, said the colour purple had built a distinctive character associated with Cadbury and he rejected the claims that Cadbury had registered the colour in bad faith as “absurd”. The IPO’s final ruling on this trade mark law case will come “in due course”.
A Nestlé spokesperson of this trade mark law case: “We are awaiting the final decision. In its interim decision the UK IPO has accepted Cadbury’s application only for some of the goods for which Cadbury had applied and rejected it for others, in line with Nestlé’s request. We will assess the final decisions once it has been issued.”
If you require legal advice or assistance from our trademark law solicitors please contact our Commercial Solicitors, at Myers Lister Price Solicitors on 0845 0738 445 or email@example.com
Latest Myers Lister Price Solicitors News
- May 21st, 2013Intellectual Property Bill published
- May 16th, 2013Crowdsourcing – beware of the pitfalls.
- May 16th, 2013Did you know that you do not have to use your insurance company’s choice of solicitor to pursue a personal injury claim?
- May 13th, 2013MLP Injury Lawyers has successfully recovered over £30,000 in injury compensation.
- May 10th, 2013MLP Injury Lawyers has successfully recovered £21,000 in injury compensation…
- May 8th, 2013Great news for Cheshire!
- May 7th, 2013Great result for SEONext
- May 3rd, 2013Employee Shareholders will now become law – Royal Assent is expected today and BIS intends to implement this new, third, type of employment status in autumn 2013.
- May 3rd, 2013Employment Tribunal fees to be introduces later this year…
- May 2nd, 2013Developments on Employee-Owned Companies
- April 29th, 2013Could a franchise be your ideal fresh start?
- April 29th, 2013Are you being treated fairly?
- April 29th, 2013The latest on Employee Shareholder Status
- April 17th, 2013Will a new “employee shareholder” status be introduced?
- April 12th, 2013The Courts Arrive on YouTube
- April 9th, 2013The death of legal aid – there are alternatives.
- April 9th, 2013Not so happy bunny now…
- April 2nd, 2013April fool?
- March 25th, 2013But it’s my name too!
- March 21st, 20132,150 AstraZeneca Job Losses reported at Alderley Park, Cheshire
- March 20th, 2013Pension Pitfalls
- March 20th, 2013Have you been TUPE’d???
- March 15th, 2013Contact a dispute resolution solicitor before agreeing any settlement.
- March 13th, 2013Intellectual property solicitors settle legal dispute for the Fred Perry fashion label.
- March 13th, 2013Council Tax Rise To Hit Beneficiaries Of Estates
- March 12th, 2013Use a commercial solicitor to keep your business compliant.
- March 12th, 2013Cash is King and Europe agrees. The new law comes into effect on 16th March.
- March 11th, 2013TUPE, or not TUPE? That is the question…
- March 11th, 2013Commercial law advice from MLP Solicitors.
- March 8th, 2013Use a commercial agreements solicitor to protect your business.
MLP Solicitors in the news
- November 1st, 2012MLP Rebrand in Manchester Law Society Messenger
- October 23rd, 2012MLP Solicitors launches MediaCity office
- October 22nd, 2012Digital brand blunders
- October 17th, 2012Legal firm launches North West Air Ambulance support fund
- October 16th, 2012How SMEs can Prepare for Pension Reform
- October 15th, 2012A Beginners Guide to Commercial Property Investment
- September 14th, 2012MLP Solicitors Bag New Salford Office at MediaCityUK
- July 6th, 2012Gatekeep: How to pitch to Rachel Chenery at Myers Lister Price (Wealth Manager online)
- July 5th, 2012MLP Solicitors advises on business sale
- June 21st, 2010Personal Injury - Negligence