Nestle foiled in KitKat trademark court challenge

19 May, 2017, 05:25 | Author: Glen Fletcher
  • Nestle's said Kit Kat shape was

Nestle has lost its latest legal bid to secure trademark protection for its four-fingered Kit Kat.

The Court of Appeals's Wednesday decision affirmed a lower court ruling that the KitKat's "four-finger" design can not be considered a trademark.

The maker of KitKat has failed in its attempt to trademark the shape of the chocolate bar in the UK.

To view the full article, register now. The chancellor Sir Geoffrey Vos sitting with Lord Justice Kitchen and Lord Justice Floyd unanimously dismissed Nestle's appeal.

The squabble between the two chocolate giants can be traced back to 2010 when Nestle first attempted to trademark the KitKat shape.

"Nestle is disappointed by the Court of Appeal judgment and is considered next steps". "KitKat is much loved around the world and its four-finger shape is well known by consumers". It has nothing, therefore, to do with the informed choices that consumers make between similar products'.

Three judges unanimously allowed an appeal by Nestle that its rivals purple packaging could not be registered as a trademark because it lacked distinctive character.

The case has been heard in both English and European courts, with the most recent rulings in favour of Cadbury.

Sally Britton, an intellectual property lawyer at Mishcon de Reya, said today's decision "sets a high bar for the registration of shape marks".

In the United Kingdom the rulings by the Court of Appeal and High Court contrast with an earlier decision made by the General Court of the Court of Justice.

Nestle had to argue that customers relied on the distinctive shape alone to identify the chocolate bars, a hard task, given that the brand name is clearly marked on the candy's packaging. The Court ruled in December that this does not apply to four other countries (Belgium, Greece, Ireland and Portugal), a ruling Nestlé will also appeal. 'This judgment does not mean that our four finger-shape is now free for use in the United Kingdom or elsewhere.

It said KitKat's shape has been granted trademark protection in countries including Germany, France, Australia, South Africa and Canada.

Recommended:



Popular

Eagles sign LeGarrette Blount to one-year deal
The team's running back fortunes for 2017 were always going to hang on the health of Ameer Abdullah - with or without Blount. According to NFL.com's Ian Rapoport , Blount will get a deal worth up to $2.8 million. "I like the guys here", he said.

Ryan backs Trump, cautions against 'rush to judgment'
Therefore, says the Justice Department, "it follows that an endeavor to obstruct justice need not be successful to be criminal". One is that Comey may, in fact, be the stand up guy he's presented as a public persona all these years.

Chicago Cubs hold off sliding Cincinnati Reds for 7-5 win
Price is optimistic RHP Tim Adleman (neck strain) will be able to make his next start Saturday against the Rockies. Reds reliever Blake Wood then loaded the bases and walked Happ to bring home Schwarber for a 7-3 advantage.