Cadbury finally hits a purple patch
Summary
The fight over use of the colour purple is, perhaps, one of the
more hotly contested colour battles. It is not, however, restricted
only to a couple of businesses in a single field (Glaxo and Sandoz
fought over it in relation to inhalers). Nevertheless, in the minds
of trade mark practitioners, it is more usually associated with
Cadbury trying to obtain registrations, with Nestlé opposing
(no doubt in retaliation for Cadbury doing the same (and
successfully) in relation to the 3D mark for KIT KAT chocolate
bars).
Seeking to dominate a specific single colour has been a
contentious approach and few have successfully achieved this. This,
however, is primarily because of the scope of the description in
the trade mark application, not because such marks are unacceptable
in terms of the case law: Libertel Groep BV v
Benelux-Merkenbureau Case C-104/01 deciding it was
possible subject to certain criteria being fulfilled.
