Revenge is sweet for Nestlé as Cadbury loses legal challenge over its purple wrapping

BIRMINGHAM confectioner Cadbury has had its final legal bid to get its famous purple wrapping copyrighted refused by the Supreme Court.

The Bournville company has campaigned for years to get the colour, known as Pantone 2685C, registered as a copyright and has faced several legal challenges from rival confectioner Nestlé, which complained the move had no basis under law.

The Lawyer said an application to appeal against a previous ruling was rejected by the court after Lords Neuberger, Wilson and Hughes found it did not raise an arguable point of law.

The latest judgment effectively brings an end to the dispute between the two companies and means Cadbury cannot prevent other companies from using the shade in their product wrapping.

Cadbury thought it had won its case last year only to have the decision overturned by the Court of Appeal, a ruling which was upheld by the Supreme Court. Cadbury had originally filed a UK trademark application for the Pantone shade in 2004 and the colour was even published in the Trade Marks journal in 2008. However, it could not be registered when Swiss firm Nestlé mounted its legal challenge.

Cadbury’s legal team had originally told the High Court the wrapping had acquired distinctive character because there was evidence that the chocolate maker had been using the colour since 1914.

However, the Court of Appeal ruled that Cadbury’s case did not comply with the requirements for trademark registration and was attempting to register “multiple signs” involving the colour.