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Societe Des Produits Nestle Sa v Cadbury Uk Ltd: CA 17 May 2017

Distinctive Character through Use not established Nestle had sought to register as a trade mark, a three dimensional representation of their four fingered Kit Kat chocolate biscuit. Cadbury objected, and the hearing officer rejected the claim saying that the mark had not acquired a distinctive character within the Directive. The question of what was required … Continue reading Societe Des Produits Nestle Sa v Cadbury Uk Ltd: CA 17 May 2017

Societe Des Produits Nestle v Cadbury UK Ltd: ECJ 16 Sep 2015

ECJ (Judgment) Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 3(3) – Concept of ‘distinctive character acquired through use’ – Three-dimensional mark – Kit Kat four finger chocolate-coated wafer – Article 3(1)(e) – Sign which consists of both the shape which results from the nature of the goods themselves and … Continue reading Societe Des Produits Nestle v Cadbury UK Ltd: ECJ 16 Sep 2015

Societe Des Produits Nestle Sa v Cadbury UK Ltd: ChD 20 Jan 2016

The parties disputed the registration as a trade mark of three dimensional signs representing specific shapes of chocolate biscuit products. Held: The objection by Cadbury’s succeeded. Arnold J [2016] Bus LR 354, [2016] WLR(D) 23, [2016] EWHC 50 (Ch) WLRD, Bailii England and Wales Citing: At Chd (1) – Societe Des Produits Nestle Sa v … Continue reading Societe Des Produits Nestle Sa v Cadbury UK Ltd: ChD 20 Jan 2016

Societe Des Produits Nestle Sa v Cadbury Uk Ltd: ChD 17 Jan 2014

The court was asked ‘In what circumstances can a trader secure a perpetual monopoly in the shape of a product by registering it as a trade mark? ‘ Held: the hearing officer was incorrect to find that the Trade Mark was inherently distinctive in relation to ‘cakes’ and ‘pastries’. However, in relation to the issues … Continue reading Societe Des Produits Nestle Sa v Cadbury Uk Ltd: ChD 17 Jan 2014