More Than Just a Color
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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.
Cadbury, Nestlé, trademarks, colour per se, Libertel, UK