The Cadbury company had been passed down through generations within the Cadbury family and the company’s products morphed throughout the years to meet consumer demand and changes in chocolate making. It wasn’t until 1920, almost a hundred years after its opening, that Cadbury adopted purple as its milk chocolate ‘parcel wrap’. In October 2004, Cadbury applied for a patent in the United Kingdom for the wrappers’ specific color purple. The company was required by the court to provide evidence of ‘distinctiveness’ and the application was eventually accepted.
Rival chocolate company Nestle was quick to argue the color’s trademark validation but a Court of Appeals upheld the original ruling in 2012. While Cadbury was still in control of the trademark of its color purple (Pantone 2685C), it was in a restrictive manner. The trademark only applied to chocolate products such as Cadbury’s milk chocolate bars and similar milk chocolate products. Other industries were still free to use that particular purple shade should they choose.
Unfortunately for Cadbury, the 2012 victory was short lived with the UK court’s decision last week striking down the trademark. The Appeals Court judge in this most recent case qualified his decision determining the trademark “lacks the required clarity, precision, self-containment, durability and objectivity to qualify for registration.” Although this ruling effectively ends Cadbury’s ownership of its purple, this is not the end of their fight. A Cadbury spokesman said that the company was “disappointed” but would be “studying this particular ruling and will consider our next steps which includes the possibility of an appeal.”
No matter how its packaged, Cadbury milk chocolate is delicious! While the company’s legal battle has been raging overseas, it is still one to follow here at home as the UK’s trademark laws on colors are similar to those found in the United States and have been trending to the more conservative side as was seen here in the UK.
