Thursday, 25 May, 2017

KitKat trade mark crumbles before Court of Appeal

Nestle's said Kit Kat shape was Nestle said the Kit Kat shape was “iconic”
Debra Rodriguez | 19 May, 2017, 04:05

Court of Appeal judges in the United Kingdom rejected the application by the confectionery giant, saying its four-fingered bar was not "distinctive" enough to warrant trademark protection.

Lord Justice Kitchen said, "We are concerned here with... the three-dimensional shape of a chocolate bar, that has no distinctiveness".

Now three top Appeal Court judges have agreed. The Court ruled in December that this does not apply to four other countries (Belgium, Greece, Ireland and Portugal), a ruling Nestlé will also appeal.

Yesterday, Chancellor of the High Court Lord Justice Vos, Lord Justice Kitchin and Lord Justice Floyd issued a unanimous opinion. Cadbury is leading the battle against Nestle's move out of what appears to be some sort of big brand business spite, as Nestle has previously tried to stop it from trademarking Dairy Milk's purple shade.

A spokesperson for Nestle said: "Nestle is disappointed by the Court of Appeal judgment and is considering next steps". It has nothing, therefore, to do with the informed choices that consumers make between similar products'. But she said the latest court ruling set a high bar for success.

Today's decision upholds that ruling.

The appeal judges determined that while the four-finger shape might be "very well known" with KitKat, "that does not necessarily mean that the public have come to perceive the shape as a badge of origin such that they would rely upon it alone to identify the product as coming from a particular source".

It said KitKat's shape has been granted trademark protection in countries including Germany, France, Australia, South Africa and Canada.

She said the case is interesting as it examines the type of use and consumer recognition required to obtain monopoly protection over a shape mark.

Robert Guthrie, a partner in the IP litigation department at global firm Osborne Clarke, said the contrast with the general court ruling may be that the Court of Appeal was less inclined to follow the approach as a result of Brexit and that this is an early indication of the ways in which United Kingdom and European Union trade marks may diverge.

Recommended

  • Chevrolet to pull out of India, South Africa

    Chevrolet to pull out of India, South Africa

    Its first stint in India dates back to 1928 when it assembled cars, buses and trucks under the Chevrolet brand. The giant has said it is investing around $600m a year as it ramps up efforts to develop driverless vehicles.

    Contradictions by Trump create credibility gap for aides

    Channel 2 TV said one American official told the Israelis the site is "not your territory" but part of the occupied West Bank. A USA official who confirmed the disclosure to The Associated Press said the revelation potentially put the source at risk.
    Democrats Going to Do Whatever It Takes to Impeach Trump

    Democrats Going to Do Whatever It Takes to Impeach Trump

    In a weird twist on Wednesday, Russian President Vladimir Putin offered to turn over to Congress records of Trump's discussions. And the Senate Intelligence Committeesent a letter to Comey asking him to appear before them in both closed and open sessions.
  • State returns to job growth in April; unemployment drops

    State returns to job growth in April; unemployment drops

    The figure includes discouraged workers who stopped looking as well as part-time workers who want but can't get full-time jobs. The 37,400-strong jump in jobs boosted the Australian dollar AUD=D4 which rose a third of a USA cent to a two-week high.
    Sally Yates: Russians had 'real leverage' over Michael Flynn

    Sally Yates: Russians had 'real leverage' over Michael Flynn

    Ultimately, she told Cooper , she has no regrets about her decisions during her tenure as acting attorney general. Aside from that breach of trust, the big problem was that there was no way he could get away with it.
    LaVar Ball Called 'Disrespectful To Women' By Radio Host

    LaVar Ball Called 'Disrespectful To Women' By Radio Host

    Leahy then asked if Ball was threatening her. "That's just not OK", she said. "No, that's what you say", Ball responded. He told Cowherd he had sold in the ballpark of 400-500 pairs of the shoes.
  • Tackling Ebola outbreak in remote Congo presents huge challenge

    Tackling Ebola outbreak in remote Congo presents huge challenge

    He also said there are only 20 kilometres of paved roads in that area and virtually no functional telecommunications. Meanwhile, the first Ebola treatment centre has been established in the Likati General Hospital.
    The Colons, Kevin Owens' Highlight Reel, AJ Styles vs

    The Colons, Kevin Owens' Highlight Reel, AJ Styles vs

    Jinder Mahal continued his winning ways on Smackdown Live Tuesday as he defeated AJ Styles and laid out WWE Champion Randy Orton. Maybe there's more to Mahal than most have seen to date, but he still seems to need a bit of development to hang with Orton.

    'Guardians' grabs massive box office, top spot in N.America

    Guardians of the Galaxy Vol. 3 is now being developed. " Baahubali 2: The Conclusion", $43.9 million. "Beauty and the Beast", $11.9 million.
  • Who is controversial Milwaukee County Sheriff David Clarke?

    Who is controversial Milwaukee County Sheriff David Clarke?

    Walker's office said the application process for interested applicants will last for about two weeks, followed by interviews. It had been rumored that Clarke was in the running for several appointments within the new administration.
    Trump faces fallout over Comey memo, Russian intelligence sharing

    Trump faces fallout over Comey memo, Russian intelligence sharing

    Therefore, says the Justice Department, "it follows that an endeavor to obstruct justice need not be successful to be criminal". The Justice Department's appointment late Wednesday of a special counsel in the case is a positive development.
    Thibaut Courtois: 'Chelsea had to respond to last season's critics'

    Thibaut Courtois: 'Chelsea had to respond to last season's critics'

    Arsenal were leading the division less than a week ago but a loss at Chelsea saw the Gunners miss out on the league title. The Dutchman, who led the side to a 10th-place finish, met with Conte at the end of that season.

CBS Pairs Big Bang Theory & Young Sheldon Spin-Off CBS Pairs Big Bang Theory & Young Sheldon Spin-Off " Young Sheldon " and his grown-up version on "The Big Bang Theory" will be paired on CBS' Thursday night schedule this fall. Sunday , it's 60 Minutes in its 50 year, followed by new drama Wisdom of the Crowd , NCIS: Los Angeles and Madam Secretary .

SSE squeezes higher profits from household energy customers SSE squeezes higher profits from household energy customers It said in a statement: "As a major energy supplier we believe customers" best interests is served by competition, not caps. Its wholesale business reported an operating profit of 498.2 million pounds after a loss of 481.3 million in 2015/16.

Aishwarya, Aaradhya leave for Cannes Aishwarya, Aaradhya leave for Cannes She is all set to present the romantic tragedy, Devdas to an global audience for a second time in Cannes this year. While mom Aishwarya looked a little guarded, Aaradhya, on the other hand, did not mind goofing around.

Five-star Mohamed Bamba picks Texas over MI Five-star Mohamed Bamba picks Texas over MI Being surrounded by all the new talent coming in - led by point guard Matt Coleman - should only help what Bamba can do, as well. But thanks to the surprise commitment of Bamba, the Longhorns will still be really good either way.

N-Out just lost its title as America's favorite burger chain N-Out just lost its title as America's favorite burger chain The Harris study, in its 29th year, measures the strength of brands across various media - from travel to finance to restaurants. This year's study was based on input from 102,617 USA consumers age 15 and older between December 30, 2016 and February 21.

LeGarrette Blount joins the Eagles on 1-year contract LeGarrette Blount joins the Eagles on 1-year contract We have to wait and see the contract structure for Blount because it is likely to be heavily incentive-driven. Undrafted free agent Corey Clement also joined Pumphrey in the mix of veteran and youth tailbacks.

Bobby Moynihan Leaving 'Saturday Night Live' Bobby Moynihan Leaving 'Saturday Night Live' The single-cam comedy examining one man's life over a 50-year span - with Moynihan playing the protagonist at age 40. This season was planned to be his final hurrah with the show, freeing him up to delve into the network comedy world.

Jeter's No. 2 retired in emotional Yankees ceremony Eventually nothing is next because you're retired, but we all had those same mindsets and that's why I think we had success. Clippard spent 2008-14 with Washington so he only faced Jeter once, but it's an at-bat he'll never forget.

Would Trump request to end Flynn probe have broken law? Would Trump request to end Flynn probe have broken law? Comey was leading an investigation into Russian interference in the 2016 presidential election when he was sacked by Trump. But the White House (and, in the case of the Comey-Trump memos, the FBI) could just decide not to hand anything over.

Amtrak conductor shot at Naperville station; Suspect in custody Amtrak conductor shot at Naperville station; Suspect in custody When officers arrived, the man was being restrained by other passengers on the train. The gunman was held by passengers until police arrived on scene and he was arrested.

Korea's Moon to send delegation to China amid frayed ties Korea's Moon to send delegation to China amid frayed ties Earlier in the day, Moon spoke with British Prime Minister Theresa May and German Chancellor Angela Merkel, the Blue House said. Abe and Moon agreed to meet soon, and Xi invited the South Korean leader to Beijing.

Bollywood's favourite mom, Reema Lagoo passes away Bollywood's favourite mom, Reema Lagoo passes away She took the name Reema Lagoo after her marriage - she and her husband later separated but Ms Lagoo retained the name. Veteran actor Reema Lagoo passed away at the age of 59 this morning after suffering a cardiac arrest.

Family wants justice, not protests for teen killed by Balch Springs PD Family wants justice, not protests for teen killed by Balch Springs PD Merritt has told CNN that, at this time, Jordan's family wishes to grieve privately until after the funeral. Jackson said, "Their boy was brutally murdered, violently murdered in front of his brothers".

What you need to know about North Korea's missile test What you need to know about North Korea's missile test The adoption of the statement comes on the eve of an emergency, closed-door meeting of the Security Council scheduled for Tuesday. North Korea published photos and video clips from Sunday's successful launch of its Hwasong-12 midrange missile.

Trump claims 'absolute right' to share info with Russian Federation Trump claims 'absolute right' to share info with Russian Federation The classified information Donald Trump told Russian officials in an Oval Office meeting reportedly came from Israeli sources . Vladimir Putin says he is willing to hand over a transcript of a discussion between Donald Trump and senior Russian officials.