Cadbury loses appeal to Nestle over the colour purple

FOOD giant Nestle has won its legal battle against confectioner Cadbury, over the right to use purple-coloured wrapping on its chocolate bars.

Cadbury had maintained that the colour used on its Dairy Milk bars known as Pantone 2865c – was its own trademark.

In 2012 Cadbury won its own court case banning other companies from using the colour. However, Swiss firm Nestle appealed the ruling and judges upheld the claim saying the Cadbury claim did not comply with the requirements for trademark registration.

The Court of Appeal also ruled that the trademark application lacked the required clarity, precision, self-containment, durability and objectivity to qualify for registration.

The ruling brings to an end a legal battle has raged since 2008, when Nestle first tried to stop Cadbury from claim sole use of the colour.

Cadbury, which has been using the purple colour on its chocolate products since the early part of the last century, said it was disappointed by the ruling but it did not prevent it from continuing to use the colour on its packaging.

It said the British public was well-used to the branding and would easily be able to distinguish it from rival manufacturers.

The firm, now owned by Kraft, is considering whether to appeal the ruling.