IF YOU FANCIED trying to sell some chocolate in the United Kingdom using this particular shade of purple, think again.
The High Court in London has rejected an appeal by Nestlé trying to stop Cadbury from reserving the colour as a corporate trademark when it comes to advertising its chocolate bars and drinks.
DesignWeek.co.uk summarises that Cadbury had won a trademark ruling last December, but Nestlé had appealed the ruling – perhaps mindful of its own range of chocolate products, including Quality Street, which use purple packaging.
The High Court said, however, that Cadbury had used the colouring distinctively for almost a century – and that it could keep the trademark reserving the colour for itself.
The London Independent quoted Judge Colin Burss as ruling: “The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate.”
The trademark applies only to chocolate bars and drinks, meaning the particular tint – Pantone 2685C – can be used in the sale of other products.
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