Sorry Barney, Alice Walker – Cadbury Now Has Exclusive Rights to the Color Purple
‘Tis the season for giving, or is that not right?
In any case, Cadbury has just proven itself a real Scrooge by beating Nestlé in the England High Court over exclusive rights to the color purple – specifically, Pantone 2685C.
The ruling allows Cadbury to continue to use the color for all its bars, tablets and drinks and prohibits competitors from using it. The battle has roots as far back as 2004, when Cadbury applied for the trademark of Pantone 2685C, which then prompted Nestlé to argue that they couldn’t “practically” trademark a color.
As related by Design Taxi, however, the judge ruled in favor of Cadbury, reasoning “The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate.” Also that Cadbury has been using the color since 1914 and the British public would be confused if they saw it being used elsewhere.
Right, so it has absolutely nothing to do with the fact that Cadbury is UK-based and Nestle is Swiss and the case was undertaken in the British judicial system? Sureeee.
Still, the ruling demonstrates the growing importance of color (colour) in marketing and branding, as stated by Paul Medlicott, head of FMCG at law firm Addleshaw Goddard in The Guardian: “Trademarks of names and logos are familiar to most businesses, but the high court’s ruling in favour of Cadbury shows the increasing importance of colour trademarks.”
Quite right, too.
H/T + PicThx Design Taxi
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