Cadbury's loses legal fight over use of the colour purple

In December 2018 the Court of Appeal dismissed an Appeal filed by Cadbury’s relating to one of their colour purple trade mark registrations.

Cadbury and Nestlé were previously involved in a trade mark dispute after the UK Intellectual Property Office (UKIPO) rejected Nestlé’s opposition to Cadbury’s trade mark application to register the colour purple for chocolate. This decision was upheld by the High Court but ultimately overturned by the Court of Appeal.

The case was triggered by Nestle, which claimed the trademark could threaten its hazelnut and caramel chocolate called the Purple One and the Quality Street box decoration.

Cadbury owner Mondelez International said: ‘We have not appealed the decision but will continue to protect what we believe is a distinctive trademark.’

The company claimed a legal victory over Nestle two years ago by stopping Nestle from getting a trademark for the four-finger shape of the KitKat.

Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

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Vijay Srivastava

Partner

Vijay is the Senior Partner and heads up the Litigation team at Wrigley Claydon, where he has worked for over 30 years, amassing a wealth of experience. Many years ago, Vijay was appointed to the Law Society Personal Injury Solicitor Panel as a specialist in injury claims. This has led him to act in many high value injury claims and medical negligence cases. His experience in and knowledge of procedural matters and the interpretation of medico-legal reports and other expert evidence, combined with his friendly but professional approach, enable Vijay to provide a service to clients we believe is second to none.   Vijay advises both Corporate and Private clients on cost-effective ways of bringing and defending claims in the Courts. He has successfully acted on numerous large contractual claims and many disputed probate cases. Vijay has lived in Oldham most of his life. After graduating from Leeds University, he trained at Wrigley Claydon, where he soon became one of the youngest partners in the country. Vijay is happily married and has two children. He has served as a member of the Parochial Church Council at St. Paul’s Church and as a Founder Trustee of Emmaus Mossley takes a great interest in the local community. He is now the Chairman of Governors at the school (Oldham Hulme Grammar) where he was once the head boy. Vijay is also a Trustee of the nationally acclaimed Francis House Children's Hospice as well as being an Assessor in Oldham's "Dragon's Den".