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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.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
Senior Associate
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