Monday, October 07, 2013

Cadbury loses battle against Nestlé and purple tone ceases to be unique to their packaging

Cadbury, marks of Mondelez International, lost the exclusive right to use the traditional purple color on the packaging of its chocolate bars after a legal battle with Nestle that lasted five years.
The company has introduced for the first time the purple in their wrappers in 1914, as a homage to Queen Victoria. Since then the color went on to identify the products of the brand on store shelves sweets. However, today (4/10) Cadbury lost a legal battle that lasted five years with Nestlé, and the shade of purple Pantone 2865c no longer brand exclusive.
The decision announced today by the Court of appeal of London surprised Cadbury, who had won in all previous instances. A company spokesman said that "the purple has been used by Cadbury for more than 100 years, and the color has always been associated with Cadbury".
The Court decision means that Nestle, as well as other chocolate manufacturers, can use this specific tone of purple in their packaging, provided that this does not create confusion with Cadbury's products. Nestlé does not currently use that tone in any chocolate wrapper. Nestle reported that it is too early to say whether it will introduce purple packaging in any of the items in the line of their products. Cadbury already said to be evaluating what actions, including a possible appeal, may take in the future.
Cadbury had given input in the application for registration as a trademark purple tone to your chocolate in 2004. The request was accepted in 2008, but Nestlé opposed. The United Kingdom's High Court rejected the appeal of Switzerland company last October, which led to another resource in the appellate court of the country.
Embalagem Marca - 04/10/2013
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