Cadbury has been fighting Nestlé for four years over which company has the legal right to use a particular colour of purple on product packaging. Cadbury filed a trademark on Pantone 2685C in 2008, touching off the legal battle with Nestlé, which was using the purple for its Wonka brand.
In December, 2011, Cadbury won a court ruling that gave it the legal right to trademark the purple. Then Nestlé appealed that ruling, saying a colour isn't trademarkable.
Two weeks ago, the High Court ruled that Cadbury is entitled to trademark the colour for use on milk chocolate bar packaging.
The judge noted: 'In my judgment it would not be right to say that the colour purple is distinctive of chocolate generally'.
In fact, Nestlé points out that the ruling actually 'protects our brands by further limiting the range of goods for which Cadbury’s application may be registered'.
Cadbury is already promoting 'our famous colour purple' and introducing new chocolate bars with its purple packaging.
Will the two food companies continue battling over colours in the future?
