Cadbury sought to exclusively register the distinctive purple colour (Pantone 2685C) used in Dairy Milk chocolates as a recognisable brand name. Nestlé took legal action, challenging the possibility of registering a colour with such a general use. The UK Court of Appeal eventually upheld Nestlé.
Type of Confusion: Perceptual simulation - possibility of product association based on colour identity
Plaintiff Strategy: Aggressive infringement of the claim of monopoly of colour by highlighting the ambiguity in the definition of the mark
- Countries: United Kingdom
- Year/Period: 2008-2013
- Branch: Food - Chocolate industry
- Subject of controversy: Colour (Pantone 2685C) as a trademark
- Winner: Nestlé
- Loser: Cadbury
- Cost to Winner: Unknown - appeals and legal representation
- Cost to Loser: Loss of monopoly on brand-color, legal costs
- Source of Decision: The Guardian - Cadbury loses battle
