Search thousands of articles by our editorial team and our community.

Share this article: Add to Delicious Digg this Add to Facebook Tweet this
 

The Colour Purple - A Trademark Issue

Posted by: Creativematch

Date added: Tue 02 Oct 2012

Cadbury and Nestlé took to court to settle whether Pantone 2685C can be protected as a trade mark.

The Colour Purple - A Trademark Issue

Cadbury has won a legal battle after Nestlé took it to court, challenging an earlier ruling which gave the former company exclusive use of Pantone 2685C – the particular type of purple used in Dairy Milk packaging. Despite Nestlé arguing that the colour should not be protected as a trade mark, the judge ruled that this particular shade had been linked to the chocolate bar for more than 90 years.

“The importance of this decision for Cadbury cannot be underestimated,” said intellectual property partner in DWF’s food group, Ed Meikle. “Arguably, the colour is one of the chocolate manufacturer’s most important assets and as such, the company would undoubtedly have appealed the decision if it had lost. Perhaps Nestlé was simply testing what is currently acceptable to the Courts; but it must have known that challenging a core asset of its arch rival could be provocative.

“For some time, a single colour has been recognised in law as capable of being a trade mark - but only for a particular colour and for specific products or services. As well as Cadbury’s purple for chocolate, other well known examples include BP’s green for petrol stations, Orange’s orange for mobile phone services and UPS’ brown for parcel delivery services.

“So long as the single colour on its own can indicate the origin of the product or service, then it is likely to be recognised as a trade mark and, most importantly, enable the owner to stop others from using it.”

Ed Meikle is a partner in DWF’s food sector group. He specialises in brand protection law, advising household names on the development, management and protection of brands.

Creativematch

http://www.creativematch.co.uk

Address

803 Andover House
George Yard
Andover
SP10 1PB

Telephone

0845 676 2250

See more news stories by Creativematch

Other articles by Creativematch:

5 World Cup Creative Marketing Approaches

The 2014 World Cup has come to an end. It was filled with excitement, adrenaline and at times, a little (OK, a lot of ) frustration.

Tue 22 Jul 2014

British Library Boosts Illustration

British Library Boosts Illustration

The British Library, the worlds largest, has created a new film showcasing how their Turning the Pages™ software helps designers and illustrators

Thu 19 Jun 2014

Best product, best idea, best everything for 2013

Best product, best idea, best everything for 2013

Coin. Probably the best product of 2013. Great idea, great design, great proposition - and simple too.

Fri 15 Nov 2013

Take Five By Chris Baréz-Brown of Upping Your Elvis

Take Five By Chris Baréz-Brown of Upping Your Elvis

Today Chris Baréz-Brown, founder of Upping Your Elvis, answers our regular Take Five questions.

Thu 03 Oct 2013

Adjust Your Set As Carphone Warehouse Showcases Smart Tech

Adjust Your Set As Carphone Warehouse Showcases Smart Tech

Carphone Warehouse has created a unique musical experience via Adjust Your Set to show how smarter tech is changing the music scene.

Wed 25 Sep 2013

Login
Add your profile
Subscribe