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14 Sep 2021, 10:18 pm
The same conclusion was reached in the UK by the Court of Appeal for Nestlé’s UK shape mark but on different grounds; the shape of the chocolate bar lacked distinctiveness as it could not be relied upon by consumers to signify the origin of the goods ([2017] EWCA Civ 358). [read post]
14 Sep 2021, 10:18 pm
The same conclusion was reached in the UK by the Court of Appeal for Nestlé’s UK shape mark but on different grounds; the shape of the chocolate bar lacked distinctiveness as it could not be relied upon by consumers to signify the origin of the goods ([2017] EWCA Civ 358). [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]
29 Jul 2009, 6:15 am
Notably, Nestle brought a complaint against Muscle Milk using NAD and is petitioning to cancel the trademark, but didn't file a Lanham Act suit. [read post]
16 Nov 2011, 10:29 am
A Couple of Big Time Trademark Disputes EndFirst up is the "three-year trademark" fight between Cadbury and Nestlé over the use of the color purple. [read post]
17 Jun 2008, 10:01 am
From the 1930s till her death in 1977, she joined marketing forces with Nestlé. [read post]
7 Jul 2009, 7:09 am
One of this writer's favourite passages of Tim Cleary's prose can be found in Newmans Chocolates Ltd v Société des Produits Nestlé, a decision from June 2006 involving the opposition raised by the owner of the MILKY BAR trade mark for confectionery to an application to register MILKBEARS for the same products: "I have no evidence to suggest that the production of milk chocolate… [read post]
20 Sep 2022, 1:30 am
Nothing highlights this more than the seemingly never-ending story of Cadbury's fight to register the color purple (or more specifically, Pantone 2685C) in relation to its iconic chocolate products. [read post]
20 Sep 2022, 1:30 am
Nothing highlights this more than the seemingly never-ending story of Cadbury's fight to register the color purple (or more specifically, Pantone 2685C) in relation to its iconic chocolate products. [read post]
21 Dec 2015, 2:58 am
” At medium, Ciara Torres-Spelliscy discusses a petition for review filed by chocolate giant Nestlé in a case that “arose when several John Does from Cote D’Ivoire in Africa sued Nestlé for aiding and abetting their enslavement as children,” and she contends that, if “the Supreme Court takes the case and agrees with Nestlé, then these arguments could insulate all multinational corporations from answering for human… [read post]
11 Sep 2009, 1:48 am
Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the decision… [read post]
9 Nov 2017, 9:34 pm
We are concerned here with a mark, the three-dimensional shape of a chocolate product, that has no inherent distinctiveness. [read post]
14 Jul 2022, 2:06 am
Fans of chocolate, read on for a mouth-watering decision. [read post]
10 Jun 2008, 7:19 am
A swirling chocolate malt of angry liquid escaped through the gap, spreading into the marsh and carrying houses, trees and an upside-down pontoon boat with it.A swirling chocolate malt of angry liquid... blog advertising blog advertising [read post]
10 Jun 2022, 9:03 pm
” Foodwatch had previously filed a complaint in Paris against Buitoni, a Nestlé company, and Ferrero in relation to recent E. coli and Salmonella outbreaks. [read post]
20 Jun 2009, 8:54 am
But is seems unlikely that Nestles was using raw milk in it's cookie dough. [read post]
21 Oct 2020, 10:45 am
We told the court that the Nestle case does not just concern chocolate and children. [read post]
7 Oct 2015, 1:10 am
This case seems to begetting out of hand ...To recap, the Court of Justice of the European Union (CJEU) gave its ruling on Wednesday 16 September in the '3D chocolate finger' trade mark case, Case C-215/14 Nestlé v Cadbury [noted by Eleonora here]. [read post]
20 Jun 2008, 3:02 am
He started to see how his ouster was connected to the firm's pursuit of business from Nestle, he alleged. [read post]
20 Jun 2008, 3:02 am
He started to see how his ouster was connected to the firm's pursuit of business from Nestle, he alleged. [read post]
