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Gimme a Break

April 2, 2014 In Blog, International, Trademark By Puja Dave

Gimme a Break

As Cadbury and Nestle continue the battle over dominating the chocolate aisle, they have recently entered an additional dispute over Nestle’s Kit Kat shape.  Cadbury is currently opposing Nestle’s attempt to legally protect the shape of its Kit Kat.  Nestle’s registration for the shape was accepted by the UK trademark registry where the mark was held to be “distinctive,” and special counsel Bill Ladas notes that the ultimate test in Europe is if consumers recognize the shape and color of the item as indicating that a particular mark owner is the source of the goods.  Judge Arnold in London has referred the case to the EU Court of Justice for guidance on EU law.

Puja Dave

Puja Dave is a second year at Fordham Law School and a staff member of the Fordham Intellectual Property, Media, & Entertainment Law Journal. Puja's interest in IP is primarily in biotechnology and pharmaceutical patents, $600 heels trademarked by a yellow sole, and Tom Ford's exclusive Amish couture collection. In her spare time, Puja enjoys blending jalapenos into libations, collecting polly pockets, and hanging out at the Columbus Avenue Home Goods. She is currently planning her expedition to Mount Everest in the upcoming summer with her doorman, who is half Sherpa.