Cadbury’s loses legal fight over use of the colour purple

In December 2018 the Court of Appeal dismissed an Appeal filed by Cadbury’s relating to one of their colour purple trade mark registrations.

Cadbury and Nestlé were previously involved in a trade mark dispute after the UK Intellectual Property Office (UKIPO) rejected Nestlé’s opposition to Cadbury’s trade mark application to register the colour purple for chocolate. This decision was upheld by the High Court but ultimately overturned by the Court of Appeal.

The case was triggered by Nestle, which claimed the trademark could threaten its hazelnut and caramel chocolate called the Purple One and the Quality Street box decoration.

Cadbury owner Mondelez International said: ‘We have not appealed the decision but will continue to protect what we believe is a distinctive trademark.’

The company claimed a legal victory over Nestle two years ago by stopping Nestle from getting a trademark for the four-finger shape of the KitKat.

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