Supreme Court ends Cadbury’s purple trademark battle

The UK Supreme Court has refused an application by chocolate maker Cadbury to appeal against a ruling that said it could not trademark the colour purple.

The decision brings to a close a ten-year legal battle between Cadbury and its rival Nestlé over the use of the signature purple packaging.

The Supreme Court’s refusal to hear the case means a decision from October last year by the Court of Appeal, which found in favour of Nestlé, will stand.

A spokesman for Cadbury said it was “disappointed” with the decision but that it would not stop it from protecting its colour purple from others seeking to pass off their products as Cadbury.

The dispute between the confectionary companies started in 2004, when Cadbury filed a trademark application for the colour, known as Pantone 2685C.

Nestlé opposed the application but the UK’s Intellectual Property Office (IPO) dismissed the opposition.

The Swiss-based company then had opposition proceedings dismissed at the High Court before bringing a successful case to the Court of Appeal.

Sir John Mummery, writing the judgment for the Court of Appeal decision, found that the trademark “lacks the required clarity, precision and objectivity to qualify for registration,” and that to allow it would give “a competitive advantage to Cadbury.”

Nestlé said the decision was the right outcome from a legal perspective.