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Cadbury's purple reign: the story behind chocolate's best-loved brand - Cadbury s Purple Reign: The Story Behind Chocolate s Best.


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Nestlé and any other sweet maker can sell chocolate products using the same colour purple used on packaging for Cadbury’s Dairy Milk bars in the UK after the chocolatier lost the latest round in a long-running legal battle with its rival.

The UK Court of Appeal overturned an October 2012 ruling by the High Court to grant Cadbury UK exclusive use of the colour – known as Pantone 2865c – after it was challenged by Nestlé.

Our website uses  cookies  to improve your user experience. If you continue browsing, we assume that you consent to our use of  cookies . More information can be found in our  Privacy &  Cookies  Policy .

Nestlé and any other sweet maker can sell chocolate products using the same colour purple used on packaging for Cadbury’s Dairy Milk bars in the UK after the chocolatier lost the latest round in a long-running legal battle with its rival.

The UK Court of Appeal overturned an October 2012 ruling by the High Court to grant Cadbury UK exclusive use of the colour – known as Pantone 2865c – after it was challenged by Nestlé.

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Cadbury UK Ltd (Cadbury) has suffered a further setback at the hands of the High Court in its ongoing efforts to protect the colour purple as a trade mark in the United Kingdom.

Cadbury's attempts were given short shrift by the Hearing Officer at the United Kingdom Intellectual Property Office, who refused this creative argument on the basis that (1) Cadbury had not applied for a series mark at the time of registration, so the mark could not now be treated as such, (2) there was no mark to be deleted because the words in the registration did not describe a mark (as per the Court of Appeal's reasoning in the earlier opposition) and finally, (3) any deletion would amount to alteration of the trade mark by another name – which is prohibited under section 44 of the Act.

Cadbury's arguments appeared tenuous at best and the decision looks to be the correct one. However, it is notable that the written description at issue was suggested by the Registry itself during the application process – Cadbury had initially filed the application with the description " the mark consist of the colour purple " and resisted the Registry's requests to amend it. This should serve as a reminder that complying with dubious Registry requests in order to achieve a registration can have dire consequences down the line, even as much as twenty years later.

Our website uses  cookies  to improve your user experience. If you continue browsing, we assume that you consent to our use of  cookies . More information can be found in our  Privacy &  Cookies  Policy .

Nestlé and any other sweet maker can sell chocolate products using the same colour purple used on packaging for Cadbury’s Dairy Milk bars in the UK after the chocolatier lost the latest round in a long-running legal battle with its rival.

The UK Court of Appeal overturned an October 2012 ruling by the High Court to grant Cadbury UK exclusive use of the colour – known as Pantone 2865c – after it was challenged by Nestlé.

Please choose whether or not you want other users to be able to see on your profile that this library is a favorite of yours.

Our website uses  cookies  to improve your user experience. If you continue browsing, we assume that you consent to our use of  cookies . More information can be found in our  Privacy &  Cookies  Policy .

Nestlé and any other sweet maker can sell chocolate products using the same colour purple used on packaging for Cadbury’s Dairy Milk bars in the UK after the chocolatier lost the latest round in a long-running legal battle with its rival.

The UK Court of Appeal overturned an October 2012 ruling by the High Court to grant Cadbury UK exclusive use of the colour – known as Pantone 2865c – after it was challenged by Nestlé.

Please choose whether or not you want other users to be able to see on your profile that this library is a favorite of yours.

Cadbury UK Ltd (Cadbury) has suffered a further setback at the hands of the High Court in its ongoing efforts to protect the colour purple as a trade mark in the United Kingdom.

Cadbury's attempts were given short shrift by the Hearing Officer at the United Kingdom Intellectual Property Office, who refused this creative argument on the basis that (1) Cadbury had not applied for a series mark at the time of registration, so the mark could not now be treated as such, (2) there was no mark to be deleted because the words in the registration did not describe a mark (as per the Court of Appeal's reasoning in the earlier opposition) and finally, (3) any deletion would amount to alteration of the trade mark by another name – which is prohibited under section 44 of the Act.

Cadbury's arguments appeared tenuous at best and the decision looks to be the correct one. However, it is notable that the written description at issue was suggested by the Registry itself during the application process – Cadbury had initially filed the application with the description " the mark consist of the colour purple " and resisted the Registry's requests to amend it. This should serve as a reminder that complying with dubious Registry requests in order to achieve a registration can have dire consequences down the line, even as much as twenty years later.

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