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19 Sep 2015, 3:30 am by Patrick McCallum
Cadbury, fearing Nestlé would be able to establish a monopoly on four-fingered chocolate products, raised an objection to the application. [read post]
16 Sep 2015, 3:20 am
In a nutshell, these were the issues on which Arnold J had sought guidance [Katpost here] from the Court of Justice of the European Union (CJEU), in the context of proceedings between Nestlé and Cadbury (the latter now owned by Mondelēz) regarding the possibility for the former to register the shape of its KitKat chocolate bar as a trade mark.This 2014 Arnoldian reference for a preliminary ruling followed a 2013 decision of the UK… [read post]
13 Sep 2015, 10:35 am by Lawrence B. Ebert
Hershey also claimed that import of original British Rolo by Nestlé violated its licensed rights to the Rolo brand in the US, and sought the end of importation of Rolo into the US.Hershey's also sought the halting of the importation of British, South African, Canadian, Australian, New Zealander, and all other Cadbury brand chocolate other than Hershey's licensed chocolate product produced in the US and marketed under the Cadbury brand name. [read post]
9 Sep 2015, 2:49 am
Mr Justice Arnold's referral to the CJEU of certain questions regarding the application of the Trade Mark Directive in the dispute between Nestlé and Cadbury over Nestlé's application for a trade mark in the shape of its "KitKat" chocolate bar has already been the subject of a number of posts on IPKat (Will Kit Kat shape monopoly last forever? [read post]
31 Aug 2015, 1:47 am
Recently the IPKat hosted a post on the subject of Nestlé's  application to register its chocolate finger shape as a trade mark: has this application been treated to a premature burial, he asked. [read post]
30 Aug 2015, 2:33 am
Not so very long ago the IPKat hosted this guest post from Roland Mallinson on the subject of Nestlé's  application to register its chocolate finger shape as a trade mark: has this application been treated to a premature burial, he asked. [read post]
15 Jun 2015, 7:13 am
 As Jeremy explains, it deals with the ‘Kit Kat’ chocolate-snack and its protection as trade mark.* A taste of things to come? [read post]
11 Jun 2015, 10:46 am
Rowntree was subsequently acquired by Nestlé. [read post]
11 May 2015, 3:25 pm by LTA-Editor
In response, Nestle alleged that it is not seeking a monopoly, but is simply trying to protect a chocolate bar that is “highly recognizable and much loved by the UK. [read post]
18 Feb 2015, 10:03 pm by News Desk
Nestlé added that any new candy the company introduces — both chocolate and non-chocolate such as gummies and sours — will be made without artificial flavors and colors, and that the company is also “actively pursuing the removal of caramel coloring from its chocolate products. [read post]
11 Feb 2015, 11:02 am
Nestlé Canada Inc., that “settlement privilege” does not trump the Crown’s disclosure obligations in a criminal prosecution against another party. [read post]
29 Oct 2014, 4:10 am
Special attention was given to the problems of registering Scrabble tiles, torch shapes, Lego bricks -- and the happy outcome achieved by Nestlé in their dispute with Mars over the protection of the shape of the Polo mint.Moving on to domain names, James noted that, while there is plenty of action before Nominet at registry level, they have generated relatively little reported litigation. [read post]
19 Sep 2014, 1:28 am by Jani
A good example of a food related patent is Cadbury's patent for chocolate that doesn't melt (and for the sake of balance Nestle's equivalent is here). [read post]
10 Sep 2014, 7:33 am by Joy Waltemath
Nonetheless, they rallied with others in the chocolate industry to fight legislation that would require chocolate products to be certified “slave free. [read post]
13 Jun 2014, 1:52 am
Readers of this weblog will instantly recall this Kat's blogpost of 21 January on Société Des Produits Nestlé SA v Cadbury UK Ltd [2014] EWHC 16 (Ch), in which Mr Justice Arnold referred the following questions to the Court of Justice of the European Union for a preliminary ruling before deciding on the registrability of the image (right) of the Kit Kat chocolate fingers as a three-dimensional trade mark for various goods in Class 30 ranging from… [read post]
10 Apr 2014, 10:26 am by James Tobias
Despite limiting the category of goods covered by the trade mark application to milk chocolate only, the High Court dismissed Nestlé’s claim on the basis that Cadbury was able to show that that mark had acquired a distinctive character over the 100 years it had been using the shade. [read post]
11 Feb 2014, 2:17 am by Caroline Ncube
In South Africa, Nestle has been embroiled in a trademark dispute with IFFCO over its Kit Kat brand. [read post]
22 Jan 2014, 10:44 am by Ron Coleman
His adversary: A little outfit called Nestle, another brutal chocolate-pusher but also famous as maker of — yes – HOT POCKETS. [read post]
22 Jan 2014, 7:42 am by admin
January 22, 2014 Steve Szentesi Kevin Wright (Davis LLP) Extract from a chapter to be published in CLEBCAnnual Review of Law & Practice – 2014 The following are some of the key civil and criminal competition law developments in Canada in 2013 (late 2012 to early 2014) from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014. [read post]