The UK Court of Appeal pronounced its decision in the legal tussle between Cadbury and Nestle over the use of color purple. The decision went in favor of Nestle, over Cadbury's attempt to trademark the purple color of its Dairy Milk bars.
The parties have been battling on this issue since 2008, when Nestle first opposed Cadbury's initial trademark application. In 2013, Cadbury won a case to stop other chocolate makers using the purple color - known as Pantone 2865c, against which Nestle, the world's biggest food company, filed an appeal.
The UK Court of Appeal in its judgment stated that "Cadbury's formulation does not comply with the requirements for Trademark registration, and the trademark application lacked "the required clarity, precision, self-containment, durability and objectivity to qualify for registration".
Cadbury, now owned by the US food giant Kraft, has been using the purple color on its chocolate wrappers since the early 20th century. "We are disappointed by this latest decision but it's important to point out that it does not affect our long held right to protect our distinctive color purple from others seeking to pass off their products as Cadbury chocolate," stated by a Cadbury spokesperson while Nestle regards the Court’s decision as the right outcome from a legal perspective. Cadbury has the right to appeal against the decision.
The story was first published in INTELLECT Issue no.3, dated November 2013.