I have written a few times about various legal cases that are on-going to settle disputes about colour ownerships. For example, about 18 months ago I wrote about trademarking colour and the dispute between Cadbury and its competitors over the use of the colour purple (specifically Pantone 2685C) on chocolate packaging and advertising. In that blog I noted that Cadbury had lost a case in the USA against Darrell Lea but had been granted protection in the UK despite protests from Nestlé. The law is a complex matter.
However, today, in the BBC I read that Nestlé has won a court battle with Cadbury, over Cadbury’s attempt to trademark the purple colour of its Dairy Milk bars. This is a successful appeal by Nestlé to the earlier ruling. The Court of Appeal said that Cadbury’s trademark application lacked “the required clarity, precision, self-containment, durability and objectivity to qualify for registration”.
“We are disappointed by this latest decision but it’s important to point out that it does not affect our long held right to protect our distinctive colour purple from others seeking to pass off their products as Cadbury chocolate,” said a Cadbury spokesman. Watch this space!!