Purple trademarks: a sequel to Nestlé v Cadbury?
29-11-2021
More Than Just a Color
18-11-2020
Annashou / Shutterstock.com
Cadbury has secured its distinctive colour purple but brands will be left wondering how to apply the arguments to their own registrations, finds Sarah Speight.
In what is seen as a positive step in trademarking colour, Cadbury has triumphed in an appeal originally brought by rival Nestlé over the distinctive ‘Cadbury purple’.
The judgment, handed down on July 5 by the High Court of England and Wales, saw Cadbury secure a trademark for its colour purple per se, with no description other than reference to its Pantone number (2685C).
What makes the case so remarkable is that registered colour marks represent a fraction of all trademarks, with most non-conventional marks being words or logos.
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Cadbury, Nestlé, trademarks, colour per se, Libertel, UK
