0370 270 6000

Cadbury’s Purple Reign

12 November 2012

Cadbury’s has successfully defended a challenge to its trade mark registration for a specific shade of purple registered for milk chocolate in bar or tablet form, eating and drinking chocolate.

Cadbury’s rival Nestle opposed the registration, arguing that the colour was not a sign capable of being represented graphically.

The Trade Mark registry previously upheld Cadbury’s registration and in October this year, on appeal from Nestle, Judge Birss QC agreed that the colour was capable of being represented graphically and had acquired distinctiveness for chocolate.

Although there has recently been controversy in the press as a Church of England chocolate confectioner called a legal row over its use of the colour purple “demeaning”, the decision is ultimately the right one. It is well established that a colour is capable of graphical representation by reference to its Pantone designation and Cadbury submitted sufficient evidence to show that “Cadbury purple” had acquired distinctiveness since its use by Cadbury in 1914, and therefore met the requirements for registration.

Related opinions

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

View blog

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

View blog

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up