Nestle loses latest KitKat legal battle..........

Nestle loses latest KitKat legal battle.......... 

Nestle loses latest KitKat legal battle as High Court rules four-finger bar can't be trademarked

 Today's ruling that the four-finger shape of the popular chocolate biscuit bar can't be legally protected was welcomed by Nestle's bitter rival Cadbury's 

 

Chocolate giant    Nestle  has lost its legal battle to trademark the shape of its iconic KitKat bar.
It means the creator of the best selling four-finger treat is powerless to block a string of copycats from arch rival   Cadbury as well as supermarket own-brand treats.
The High Court ruled today that the shape itself was not enough to give the snack trademark status.
Nestle had argued that 90% of consumers shown an unmarked four finger   Chocolate  bar believed it was a KitKat.
But Mr Justice Arnold kicked out the Swiss company’s bid to be granted a monopoly on the shape.
The ruling is a blow for the confectionery maker, which has battled for almost six years to have the familiar bar protected by a trademark to prevent competitors from ripping off its design.

Iconic: But judges both in Britain and Europe say the KitKat's shape can't be trademarked

It follows a judgement by the European Court of Justice   in  September  last year which also ruled the shape alone was not unique enough to warrant a coveted trademark.
Nestle said it would appeal the decision and added in a statement: “KitKat is much loved and the iconic shape of the four-finger bar, which has been used in the UK for more than 80 years, is well known by consumers.
“We believe that the shape deserves to be protected as a trademark in the UK and are disappointed that the court did not agree on this occasion.”


But Cadbury was thrilled with the court’s decision and said in a statement: “We are pleased by this ruling by the UK High Court which is in line with our contention that the shape of the KitKat bar is not distinctive enough to be protected as a trade mark.”
Today's judgment was the latest in a bitter spat between Nestle and Cadbury's, who have been locked in a long series of legal wrangles over shapes and colours of their products.

Protected shape: Toblerone's triangular nature is trademarked

In 2013 Nestle successfully thwarted Cadbury’s attempt to trademark purple as its brand colour in 2013.
Attorney Sharon Daboul at London trademark law firm EIP said: “This seems to be a common sense decision.
“Allowing registration of the KitKat shape would have given Nestle a valuable monopoly and competitive advantage over other confectionery manufacturers, which is one of the reasons why Cadbury has been keen to stop them.
“Whilst is it rare to win trademark protection for shapes, it is not impossible - the Toblerone shape and Nestle’s Walnut Whip are both protected.”