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10 Dec 2018, 12:52 am
The mark (AKA Pantone 2685C)Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715.This appeal concerned Cadbury's attempt to amend the description of the mark:The mark consists of the colour purple, as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods. [read post]
6 Oct 2013, 2:19 pm
Before anyone else emails the IPKat to let him know, he can tell you that he is fully aware of the two big trade mark rulings from the Court of Appeal for England and Wales last Friday in Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2013] EWCA Civ 1174 and JW Spear & Son Ltd, Mattel Inc and Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 1175 and he will be providing separate Katposts on them in the fullness of time. [read post]
8 Jan 2016, 7:48 am
In rejecting these arguments, the Full Court noted that that ‘there is clearly a link between a word describing a colour and the colour itself (citing Cadbury Ltd v Effem Foods Ltd [2007] NZCA 303) and the two ‘cannot be [cleanly] separated’. [read post]
23 Jan 2013, 3:16 pm by John Gregory
The English Court cites at para 53 Binnie J’s reasons in Cadbury Schweppes Inc v FBI Foods Ltd. [read post]
13 Jan 2017, 4:44 am by Jani Ihalainen
After a hard-fought several rounds in the CJEU and the UK courts, it all seemed all over; however, the EU General Court offered us a new judgment as an early Christmas present in mid-December.The case of Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd v EUIPO dealt with an EU registered trademark (2632529) for a three-dimensional mark comprising of the Kit Kat chocolate bar without any markings. [read post]
15 Apr 2019, 11:44 pm
Poor evidence costs McDonald’s its BIG MAC in Supermac attackSupermac’s (Holdings) Ltd v McDonald’s Cancellation No 14 788 C, EUIPO (January 2019)Supermac’s and McDonald’s are locked in a variety of MAC burger battles. [read post]
5 Apr 2017, 7:35 am
Most recent decision: Mondelez UK Holdings & Services Ltd v EUIPO, Case T-112/13 (December 2016)One can be forgiven for thinking that Nestle and Cadbury are always in court fighting over the Nestle’s intellectual property rights to the shape of the iconic Kit Kat chocolate bar, as it seems that the battle is written about almost every day. [read post]
31 Dec 2012, 12:01 pm
In Case R 513/2011-2 Société des Produits Nestlé S.A v Cadbury Holdings Ltd, Nestlé appealed a decision of the Cancellation Division finding the three-dimensional Community trade mark, consisting of four trapezoidal bars aligned on a rectangular base for 'Sweets; bakery products, pastries, biscuits; cakes, waffles' in Class 30, was devoid of distinctive character and had therefore been invalidly registered contrary to Art. 7(1)(b), Reg. [read post]
23 Feb 2023, 7:07 am by Eleonora Rosati
Cadbury having succeeded on this basis, Nestle opposed them. [read post]
9 Feb 2019, 2:13 am
| Tennis in 2018: Did intellectual property hold serve? [read post]
9 Nov 2017, 9:34 pm by Afro Leo
  This leads to the specific defence that the following marks of The London Taxi Company (LTC) have acquired distinctive character.The 3D Community Trade MarkThe 3D UK Trade MarksIn dealing with this aspect, the court referred to its earlier decision in Société des Produits Nestlé SA v Cadbury UK Ltd [2017] EWCA Civ 358. [read post]
19 Apr 2017, 4:57 am
(This case also got a mention for its length, which stands at a whopping 362 paragraphs).Mondelez (Cadbury) v EUIPO, General Court T – 112/13 (Single Market)This case involved Nestlé’s application for a three-dimensional EUTM covering the four finger KitKat shape. [read post]
27 May 2013, 4:18 am by Barry Sookman
The Court in Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013) ruled that liability cannot be imposed in these circumstances. [read post]
21 Jun 2010, 8:03 pm
(IP tango)   Switzerland Further step to Swiss Federal Patent Court (EPLAW)   United Kingdom Reminder: an appeal is not a re-hearing: Nampak Cartons Ltd v Rapid Action Packaging Ltd (PatLit) Stretching copyright with contract: Global Coal Ltd v. [read post]
3 Nov 2013, 8:05 pm by Ron Coleman
Welcome to Blawg Review #325 — 325-and-a-tenth, to be exact. [read post]
21 Dec 2009, 5:24 am
(Business IP and Intangible Asset Report and Blog)   Global - Patents New exchange, Intellectual Property Exchange International, can be a game-changer, but will need good patents to thrive (IAM) (Technology Transfer Tactics)   Australia Bittersweet decision for Mars but Cadbury settles purple dispute: Mars Australia Pty Ltd v Sweet Rewards Pty Ltd (Managing IP) (ipwars)   Belgium Belgian Supreme Court prohibits fishing expeditions: Ineos Manufacturing… [read post]