29 November 2021TrademarksAlex Borthwick and Dominic Reilly

Purple trademarks: a sequel to Nestlé v Cadbury?

A colour trademark is a powerful right, given the instant impact that the colour of goods and their packaging has on consumers and the potential for restricting competitor choice in respect of a key aspect of product design. However, as with other non-conventional trademarks, meeting the criteria for validity can be a significant challenge and registered colour trademarks are comparatively rare.

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More on this story

10 October 2016   Nestlé has targeted its franchisee Crest Foods, an operator of dessert café restaurants, in a trademark infringement claim.
7 January 2020   An online culinary retailer has reworked its applied-for trademark just one day after food and drink conglomerate Nestlé took issue with it.
20 July 2022   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.