nestlé, a kit katmaker company, took cadbury, to court for challenging a previous ruling which provided the crème eggmaker exclusive rights to use of the particular colour purple &ndash pantone 2685c &ndash as used in dairy milk packaging. two years ago, cadbury was gobbled up by the us giant kraft. this battle is being continued since last four years, and it is the latest twist in this legal war. nestlé wanted to challenge a ruling from december 2011 that incorporated chocolate drinks and bars. nestlé says that colours could not be protected and considered as a trademark. despite the objection from nestlé, judge colin birss ruled out that colours are "capable of being signs" and resolute that, for more than 90 years, the wellknown shade of "cadbury purple" had become linked with the birminghambased company&39s chocolate. judge birss further added that the evidence undoubtedly supports a finding that purple colour is distinctive of cadbury for milk chocolate. the former verdict from the intellectual property office found that it was satisfied cadbury offered evidence of its use of the colour right from the first making dairy milk in 1914. however, its trademark did not include chocolate assortments or cakes this is the reason why nestlé&39s boxes of quality street hold the brazil nut chocolate wrapped in purple. source of information httpwww.independent.co.uknewsbusinessnewscadburywinslegalbattleoverpurplepa…
