Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Wednesday, October 16, 2013

Colour in context: Cadbury's most recent stoush with Nestlé over the colour purple

By Lawyer Tessa Meyrick

Nestlé has successfully challenged Cadbury's attempt in the United Kingdom to register the colour purple as a trade mark in relation to chocolate bars and drinking chocolate.

Having been given its first Royal Warrant in 1854 as the 'manufacturer of cocoa and chocolate to Queen Victoria', Cadbury first introduced its 'Dairy Milk' purple wrapping in 1914 as a tribute to the Monarch herself. The chocolate goodies have been cloaked in a very regal purple ever since, making it surely the longest running cross-marketing campaign in history.

But what Queen Vic giveth, the Lords taketh away.