Cadbury loses battle of the colour purple
BIRMINGHAM chocolate giant Cadbury has lost a legal battle over its iconic purple wrapper.
The Bournville-based chocolate maker has been embroiled in a long-running dispute over the shade it uses on its confectionery.
Cadbury has now given up a trademark after losing an appeal in January.
Now rivals could start using the well-known purple after a legal ruling.
Nestle feared that Cadbury’s claim could threaten its Quality Street hazelnut and caramel treat (the purple one) and its decoration on the box.
Cadbury has now surrendered its 1995 registration for exclusive use after the Court of Appeal backed its Swiss rival.
Cadbury’s Dairy Milk bars have been wrapped in purple for more than 100 years and it was chosen because it was Queen Victoria’s favourite colour. In 2012 Cadbury won a case to stop other chocolate firms using the colour – known as Pantone 2865c.
Nestle challenged that, and in 2013 won an appeal.
Trademark lawyer Rebecca Anderson-Smith said the case was “bad news” for the firm.
She said: “It seems Cadbury realised their existing trademark registration would be difficult, if not impossible, to enforce.
“They still own a separate registration for that purple, covering ‘chocolate in bar or tablet form’.
“But this includes the same description of the mark considered too broad by the Court of Appeal.”
Cadbury’s US owner, Mondelez, said: “We have not appealed but will continue to protect what we believe is a distinctive trademark.”
Nestle hinted at further action because products like Quality Street “famously use purple”.