Nestle scores legal victory against Cadbury over purple
Nestle has been able to score a legal victory against its confectionery rival Cadbury over the use of a particular shade of purple for its Dairy Milk bars.
Cadbury had won a High Court against Nestle the matter during the previous year. However, the Court of Appeal overturned Judge Colin Birss's decision following the hearing. Cadbury had won the verdict to prevent other chocolate firms using the colour that is known as Pantone 2865c. The world's biggest food company, Nestle has been able to overturn the decision.
"Cadbury's formulation does not comply with the requirements for registration," said the UK court.
The Court of Appeal said that the trademark application did not have clarity, precision, self-containment, durability and objectivity in order to obtain registration. The legal trademark began in 2008, when Nestle expressed its opposition to Cadbury's initial trademark application. Cadbury, which was acquired by US food giant Kraft in 2010, has been using the purple colour on its covers since 20th century.
A Cadbury spokesman said that the company is disappointed by the verdict but pointed out that it does not affect the company's right to protect its distinct colour.