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Nestle Cadbury

Cadbury wins legal battle with Nestle over purple packaging

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By The Drum Team, Editorial

October 2, 2012 | 1 min read

Cadbury has won the legal battle for purple packaging, as a High Court judge ruled that colours are "capable of being signs".

Nestlé had taken the rival chocolate maker to court over a previous decision by the Intellectual Property Office which gave Cadbury exclusive use of Pantone 2685C.

Judge Colin Birss said: "The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate."

Last year, Jeremy Dickerson, intellectual property lawyer and Chris Morris, trade mark attorney at international law firm Burges Salmon discussed with The Drum the possibility of brands trademarking specific colours following the ruling.

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