•   
  •   

MoneyCadbury just lost a trademark battle over a shade of purple, and its distinctive colour is now vulnerable

17:40  06 december  2018
17:40  06 december  2018 Source:   inews.co.uk

Mariah Carey didn't mean to throw shade at Jennifer Lopez with infamous line

Mariah Carey didn't mean to throw shade at Jennifer Lopez with infamous line Mariah Carey has insisted that she was "trying to say something nice" about Jennifer Lopez when she famously said "I don't know her". 

Court of appeal rules against Nestlé in its protracted battle with Cadbury over whether format “KitKat is much loved around the world and its four-finger shape is well known by consumers. In 2004, Cadbury attempted to trademark the shade of purple it uses for its Dairy Milk bars

Cadbury has lost a five-year court battle to register a distinctive shade of purple as a trademark for its chocolate bars. It would also offend against the principle of fairness by giving a competitive advantage to Cadbury and by putting Nestlé and its other competitors at a disadvantage."

Cadbury just lost a trademark battle over a shade of purple, and its distinctive colour is now vulnerable © Getty

A special message from MSN:

While Christmas is a time of joy for most of us, that's not the case for the UK's most vulnerable children and young people. We've partnered with giving platform Benevity to raise funds for two charities - the NSPCC and The Children's Society – to try to help change that. You can help make a difference - please donate now.

The Court of Appeal has ruled against Cadbury, which tried to trademark a shade of purple.

The chocolate company was attempting to update an existing trademark so that it would encompass a wider range of confectionery.

Cadbury just lost a trademark battle over a shade of purple, and its distinctive colour is now vulnerable © Provided by Johnston Publishing Ltd

Court of Appeal

In 1995, Cadbury trademarked the shade Pantone 2685C. This still stands, and it includes chocolate bars and tablets. The distinctive shade of purple is world famous.

Doctor Who lost story being recreated as animation

Doctor Who lost story being recreated as animation "There's no such thing as Macra!" - Except now, there is!

Cadbury , meanwhile, lost its own trademark battle when it tried to register a shade of purple . And, back in 2006, a case involving gold chocolate bunnies asked similar questions to the Kit Kat saga. Image copyright Getty Images. Image caption Lindt reportedly suggested its rival change their gold

Pantone 2685 is Cadbury 's special colour . After fighting for almost eight years, Cadbury has finally won a high court battle over its trademark of a certain shade of the colour purple . BP attempted to trademark Pantone 348C, a shade of green, in over 20 countries, but slowly had to back away.

But the company's more recent attempt to trademark the shade so that it "applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods" was rejected as it wasn't clear enough.

In other words, it appears Cadbury wanted to trademark the colour purple in any form, whether a minor part of packaging or major, and wanted to be able to have a monopoly on the shade with all products, including the likes of cakes, drinks, and sweets other than chocolate bars.

On Wednesday, Cadbury lost its battle following a complaint raised by rival Nestle.

Cadbury just lost a trademark battle over a shade of purple, and its distinctive colour is now vulnerable © Provided by Johnston Publishing Ltd

Pantone 2685C

In his judgement, Lord Justice Floyd said: "If allowed to be the predominant colour rather than restricted to the whole surface, the registration could cover uses of purple in extravagantly different ways the mark could appear as stripes, spots, a large central blob, or in any other form."

Samsung could be developing its own blockchain phone

Samsung could be developing its own blockchain phone There might be another name joining HTC and Sirin Labs as makers of blockchain smartphones, and it's one of the world's largest manufacturers, Samsung.

Cadbury , meanwhile, lost its own trademark battle when it tried to register a shade of purple . And, back in 2006, a case involving gold chocolate bunnies asked similar Swiss chocolatier Lindt applied for a trademark for its Easter bunnies with a red ribbon, which are iconic in many countries - but not all.

Nestle wins a court battle with confectionery rival Cadbury , over the latter's attempt to trademark the purple colour of its Dairy Milk bars. Image caption Cadbury says that it may appeal against the latest court ruling. Nestle has won a court battle with confectionery rival Cadbury , over Cadbury 's

Lord Justice Floyd said it would not satisfy a requirement that marks must resemble each other and only differ in non-distinctive ways.

A spokesperson for Mondelez International, which owns Cadbury, said: "We are disappointed with this decision."

"Our iconic colour purple has been used for Cadbury chocolate products for more than a century and is synonymous with the brand."

"We will continue to protect what we believe is a distinctive trademark and challenge those who attempt to pass off their products as Cadbury chocolate by using this colour."

Vulnerable

The decision leaves Cadbury vulnerable. Rebecca Anderson-Smith, trademark attorney at law firm Mewburn Ellis, said: "This decision is a significant blow to Cadbury as it means the wording ‘being the predominant colour applied to the whole visible surface’, previously considered too broad by the Court of Appeal, has to remain in their registration.

Rod Liddle Claims Labour MP Kate Osamor Is Only Successful 'Because Of The Colour Of Her Skin'

Rod Liddle Claims Labour MP Kate Osamor Is Only Successful 'Because Of The Colour Of Her Skin' Rod Liddle has been labelled a “rampant racist” after suggesting that Labour MP Kate Osamor and her baroness mother have only reached prominent positions because of the colour of their skin. In his latest column for The Sun newspaper, Liddle tore into Osamor after her son, Ishmael, was found to be working for her in her Edmonton constituency despite a conviction for drug possession. Ishmael Osamor, 29, was caught with £2,500 worth of drugs at Bestival in 2017. Liddle criticised the politician’s parenting, as well as that of her mother Martha Osamor, who was recently made a life peer in the House of Lords.

Sweet victory: Cadbury now has the right to the trademark for the distinctive shade of purple it uses for the packaging of its chocolate. In Australia, we’ve seen chocolate and pet food giant Mars get trademark protection for a shade of purple to identify cat food.

For shades of the color purple , see Shades of purple . Not to be confused with Shades of Deep Shades of Purple sold over 1.5 million units worldwide and was nominated for best pop album at The track "Our Song" uses the chorus of the Bee Gees' hit single "Too Much Heaven" as its own

"This leaves the registration open to attack by Nestle and other third parties for being invalidly registered."

Ms Anderson-Smith explained Cadbury still has its trademark for Pantone 2685C when used as the "predominant colour applied to the whole visible surface," but in no other form.

But Nestle, after winning the first fight, may now attack the registration and leave Cadbury open to imitations. There would still be grounds to defend its brand using goodwill and the passing off law, but this is weaker.

Cadbury just lost a trademark battle over a shade of purple, and its distinctive colour is now vulnerable © Getty

Nestlé

Sharon Daboul, chartered trademark attorney at law firm Harbottle & Lewis, said: "This is the latest decision in a long-running battle between Cadbury and Nestlé over the registration of non-traditional trade marks."

"It will be a blow for Cadbury with its oldest UK colour registration now being vulnerable."

“There’s a risk that Cadbury’s purple trademark will not be found to be sufficiently precise as the description could indicate that more than one sign is covered by the mark."

"Competitors such as Nestlé may now be considering their options in terms of cancelling the registration altogether."

Related: The 15 best UK companies to work for when it comes to work-life balance (Cosmopolitan UK)

Caroline Flack reveals her battle with depression started the day after she won Strictly... and talks about getting back together with ex-fiance Andrew Brady.
Caroline Flack has opened up about her year-long battle with depression - which she says started the day after her Strictly Come Dancing win in 2014. 

—   Share news in the SOC. Networks
This is interesting!