Food Law Blog
Opinions and insights from our Food and Drink team
Search site
Contact our offices
Make an enquiry
Food Law Blog
Opinions and insights from our Food and Drink team
In the latest court battle between Nestlé and Cadbury, the Court of Appeal has refused to allow Nestlé to trade mark the shape of its four-fingered KitKat bar. Last year Mr Justice Arnold, sitting in the High Court, ruled in favour of Cadbury who had challenged Nestlé’s application; so the decision is probably not unexpected by Nestlé, but will nevertheless be a blow to them and could mean that copycat products become more readily available.
As ever, this is a timely reminder of the need to protect assets from as early a stage as possible. The fact that similar products exist in other markets have probably made it more difficult for Nestlé to prove that the KitKat’s shape is truly distinctive and had they acted before copycat products had been released maybe the outcome would have been different. Having said that, the KitKat could never have been considered distinctive before it became popular - showing how important it is to keep matters under review.
Companies need to consider all elements of their business and decide what intellectual property protection may be beneficial. Protecting the shape of a three dimensional object will be trickier than a more obvious identifier, such as a logo, and so all avenues should be considered.
Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). We use cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click Settings.
Our use of cookies.
You can learn more detailed information in our Privacy Policy
Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The technology to maintain this privacy management relies on cookie identifiers. Removing or resetting your browser cookies will reset these preferences.
Essential Cookies
These cookies enable core website functionality, and can only be disabled by changing your browser preferences.
Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Click here for a full list of Google Analytics cookies used on this site.
Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site.
Comments