London: Nestle has won a trademark lawsuit against Cadbury over their rights to KitKat chocolate bar’s four-fingered and three-dimensional shape.
KitKat’s shape was registered by Nestle in 2006.
Cadbury applied to invalidate the registration shortly thereafter, claiming that a trait as general as a product’s shape could not be trademarked, The Huff Post reports.
In addition to Cadbury’s famous Creme Eggs, the company sells KitKat-like products, such as Crispello, a chocolate bar with a "creamy center, wrapped in a delicate crispy shell, covered with a delicious layer of Cadbury chocolate."
According to the report, Cadbury initially won its appeal, but the decision has since been overturned in Nestlé’s favor.
The trademark regulators claimed that the four-bar structure has been in use by Nestlé for so long that customers worldwide associate the shape with the brand, the report added.
First Published: Thursday, January 03, 2013, 17:40