Yes, copyKats are allowed, judge rules
THE makers of KitKats fear a wave of copycats will hit the shelves after it lost a court case to trademark its distinctive shape.
Nestle claimed the shape of the four-finger chocolate bar was unique and it wanted to ensure that rivals could not produce their own versions. But Mr Justice Arnold yesterday blocked the move in the High Court in London following an objection from rival Cadbury.
Nestle – which sells £40 million worth of the bars in the UK every year – had argued that even without its red and white packaging or the word KitKat embossed on the chocolate, the shape was distinct. The court was given a survey which found 0 per cent of people shown a four-finger chocolate bar identified it as a KitKat.
Intellectual property lawyer Georgie Collins, of Irwin Mitchell, said: ‘This decision illustrates the difficulty of protecting trademark protection for shapes.’ There was a good chance that competitors will produce similar-shaped products, she added.
Nestle said the shape of the chocolate bar had remained roughly the same since Rowntree & Co sold the first KitKat, then called Chocolate Crisp, in 1 35. Nestle, which is based in Switzerland, bought Rowntree in 1 88.
Despite Nestle’s long association with the traditional KitKat bar, Cadbury argued that it should not be given the right to monopolise the shape.
Nestle bosses said they were disappointed by yesterday’s ruling and intended to appeal.
A spokesman said it opened the way for a rival to produce a similar-shaped four-finger chocolate bar. A spokesman for Cadbury said she could not say whether the company planned to produce its own version of the KitKat.