Nestlé vs Cadbury

Cadbury attempted to exclusively register the distinctive purple color (Pantone 2685C) it uses on its Dairy Milk chocolates as a recognizable trademark. Nestlé challenged this legally, disputing the possibility of registering a color with such general use. The UK Court of Appeal ultimately ruled in favor of Nestlé.

Type of Confusion: Perceptual association - likelihood of linking products based on color identity
Claimant's Strategy: Aggressive challenge to the color-monopoly claim by highlighting the ambiguity in the definition of the mark

• Countries: United Kingdom


• Year/Period: 2008-2013


• Sector: Food - Chocolate industry


• Subject of dispute: Color (Pantone 2685C) as a trademark


• Winner: Nestlé


• Loser: Cadbury


• Cost to Winner: Unknown - appeals and legal representation


• Cost to Loser: Loss of monopoly over the brand color, legal expenses


• Source of Decision: The Guardian - Cadbury loses battle