Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 AUGUST 2026

Yo! No! You Can't Have A Break For A KitKat!

Lewis Silkin
Lewis Silkin
Contributor
Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

View firm profile
Explore more from Lewis Silkin

Nestlé's iconic KitKat slogan faces a trademark challenge that could reshape how brands protect their most recognizable phrases. The legal battle centers on whether common expressions can maintain exclusive trademark protection when they become part of everyday language. This case highlights the delicate balance between brand ownership and public domain usage in intellectual property law.

United KingdomIntellectual Property
Brinsley Dresden
Brinsley Dresden
Geraint Lloyd-Taylor
Geraint Lloyd-Taylor
Rebecca Moore
Rebecca Moore
Author LinkedIn connections

Yo! Sushi is the latest brand to find itself choking on a decision of the Advertising Standards Authority to ban an ad for a Less Healthy Food since the new regulations came into force in January this year.

In this instance, the ad in question was a paid-for Instagram post which featured a sequence of animated images. Large text on a red and gold background with cherry blossom stated, "better than an egg". The background then turned red, and white text stated, "Have a break", with the word "break" splitting into two halves. Small YO! and KitKat logos appeared at the bottom of the image and further white text stated, "from tradition". The text then disappeared and the two logos moved to the centre of the image. An overlaid text box stated, "Have a break from tradition" and further text stated, "YO! yosushi.com". Beneath the animation, text stated, "Made with KITKAT® Cream Puff" alongside a button labelled "Learn more".

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

The Manchester Creative Industries AI Summit – The Government's Opportunity To Set Out A Policy Direction On Copyright And AI?

Prime Minister Andy Burnham has convened the Creative Industries AI Summit in Manchester to bring together rightsholders, regulators, platforms and AI labs to align on a common approach to copyright-protected works in AI development. The Summit will unveil the 'Manchester Principles', a framework establishing minimum conditions for using human creative work to train generative AI models.
United KingdomIntellectual Property
Lewis Silkin
Lewis Silkin
Article

UPC CoA Confirms Jurisdiction Over Pending European Patent Application

The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Revised Earned Settlement Policy To Be Unveiled Before The End Of 2026

The UK Home Secretary has confirmed that the revised earned settlement policy will be published before the end of 2026, following her appearance before the Home Affairs Committee. This announcement provides clarity on the timeline for implementing significant changes to the UK immigration system, including transitional arrangements and the extension of the default settlement period from five to ten years.
United KingdomImmigration
Lewis Silkin
Lewis Silkin
Article

Immigration Changes Announced In Autumn 2026 Budget

The UK government has announced significant changes to its immigration system in the Autumn 2026 budget, including modifications to Skilled Worker salary requirements, extended curtailment periods for highly skilled workers, and expansions to the High Potential Individual and Global Talent visa routes. These reforms aim to create Europe's most pro-business migration system for highly skilled workers while introducing new complexities around visa curtailment and graduate route permissions.
United KingdomImmigration
Lewis Silkin
Lewis Silkin
Article

Summary Of Autumn 2026 Immigration Rule Changes

The UK Home Office has introduced significant changes to its Immigration Rules, including new protections for Skilled Worker visa holders who are victims of modern slavery, measures to prevent abuse of fee waiver processes, and updates to support the UK's participation in Erasmus+ from January 2027. These changes also expand permitted activities for visitors coming to the UK for training or creative purposes.
United KingdomImmigration
Lewis Silkin
Lewis Silkin
Article

What The 2026 Policy Address Means For Employers In Hong Kong

Hong Kong's Chief Executive has unveiled sweeping employment law reforms in the 2026 Policy Address, introducing statutory protections for delivery workers, tightening imported labour controls, and accelerating MPF system changes. These measures reflect the Government's commitment to protecting local workers while addressing the challenges of an ageing workforce and evolving labour market dynamics.
Hong KongEmployment and HR
Lewis Silkin
Lewis Silkin
Article

Hong Kong Increases Minimum Allowable Wage For Foreign Domestic Workers

The Hong Kong Government has announced a 2.35% increase in the minimum allowable wage for foreign domestic workers, raising it from HK$5,100 to HK$5,220 per month effective October 2026. This adjustment follows the government's annual review considering economic performance, labour market conditions, and stakeholder input, with specific implementation timelines for new and existing employment contracts.
Hong KongEmployment and HR
Lewis Silkin
Lewis Silkin
Article

Hong Kong Cracks Down On Unpaid Wages With Director Sentencing

A Hong Kong director was sentenced to 120 hours of community service and ordered to pay HK$93,000 in outstanding wages after her companies failed to pay employees on time. The case demonstrates that corporate officers can face serious criminal liability, including fines up to HK$350,000 and three years' imprisonment, when employment law breaches occur with their consent, connivance, or neglect.
Hong KongEmployment and HR
Lewis Silkin
Lewis Silkin
Article

You're Owed Money. Now What? – A Practical Guide To Debt Recovery In Hong Kong

Hong Kong's debt recovery landscape has become increasingly challenging, with corporate insolvencies rising 45% in 2025 and bankruptcy petitions climbing to over 10,000. This comprehensive guide explores the legal pathways available to creditors, from initial demand letters to enforcement mechanisms, and examines when civil litigation versus insolvency proceedings may be the most effective strategy for recovering outstanding debts.
Hong KongInsolvency/Bankruptcy/Re-Structuring
Lewis Silkin
Lewis Silkin