Nestlé dealt Kit Kat blow in Singapore
Confectionary multinational Nestlé has lost a court case against a Singapore-based foods company in which it alleged that its trademarks for the Kit Kat chocolate bar had been infringed.
Nestlé alleged that Petra Foods’s Take It chocolate wafer bar was too similar in shape to its renowned Kit Kat bar.
But, according to the Singapore-based publication Business Times, Justice Chan Seng Onn at the High Court of Singapore rejected Nestlés claim.
Onn then ruled in favour of Petra's counterclaim to invalidate Nestle's trademark registrations for the shapes of Kit Kat bars, the newspaper reported.
Onn reportedly said: "Imitation is no less a valid business strategy than innovation. There is nothing unconscionable about competition. Even if the defendants did copy, it is not wrong unless such copying impinges the plaintiff’s legal rights."
Switzerland-based Nestlé did not immediately respond to a request for comment.
But, speaking to food news website just-food.com, a company spokesperson said it was “very disappointed” by the court’s decision and would “in all likelihood” appeal against it.
The Kit Kat, which comes in ‘fingers’ of two and four bars of chocolate, is a key product for Nestlé, and the company has attempted to obtain trademark registration for the shape around the world.
Petra Foods produces and sells chocolate products mainly for the Southeast Asia market.
Despite its failure in Singapore, Nestlé was successful in a recent court decision in South Africa.
Last week, the country’s Supreme Court overturned a decision by the North Gauteng High Court that had ruled that the Tiffany Break bar—produced by Middle Eastern company Iffco—did not infringe the trademark registration for the Kit Kat shape.
