Kit Kat - The Final Word

The Supreme Court of Appeal (SCA) decision in the long-running case of Nestlé v Iffco (27 November 2014) contains a substantial amount of trade mark law. Nestlé had trade mark registrations for 3D representations of its Kit Kat chocolate, and for various slogans including Have a Break, Have a Kit Kat. When Iffco sold chocolate bars that were very similar in appearance to Kit Kat - in packaging that featured names like Quanta Break and Tiffany Break, as well as 2D representations of the product - Nestlé sued for trade mark infringement. Iffco, in turn, applied for the cancellation of Nestlé's 3D trade mark registrations. In response, Nestlé applied for the cancellation of Iffco's trade mark registrations for Quanta Break and Tiffany Break.