You may know British confectioner Cadbury from its delicious chocolate. But also from the purple wrapping, which is quite distinctive, and has been used since 1914.
This color purple has been object of a trademark dispute over the last three years between Cadbury and their competitor Nestlé.
Nestlé opposed the color trademark application in 2008. But now the UK Intellectual Property Office ruled that “Cadbury-purple” (Pantone 2865c) shows sufficient “distinctive character” to be registered as a trademark.
The result is that Cadbury can act against their rivals that brand their products in the same color or a similar shade of purple. The trademark protection does not, however, include chocolate cakes, confectionery or chocolate assortments.
This means that Nestlé can continue to use a similar purple color in its Quality Street chocolate assortment.
A color can still be a very distinctive element of a brand. Although, in Europe it can be quite difficult to get a color registered as a trademark, once you do, it gives you a powerful weapon against rivals an counterfeiters.
Source: The Birmingham Post
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