Legal News

The Kit Kat trade mark case—Nestlé cannot catch a break

Published on: 04 February 2016
Published by: LexisPSL
  • The Kit Kat trade mark case—Nestlé cannot catch a break
  • Original news
  • Briefly, what is the background to this long-running dispute?
  • What was the central issue before the High Court in this latest hearing?
  • How did the High Court analyse the Court of Justice’s guidance on the question referred?
  • How did the High Court apply the Court of Justice’s guidance to the facts of this case?
  • In light of this ruling, is there anything brand owners should do differently in order to establish acquired distinctive character in their trade marks?

Article summary

IP & IT analysis: Kate Swaine, partner and head of brand designs at Wragge Lawrence Graham & Co, and Ailsa Carter, PSL senior associate, discuss the key aspects of protecting the shape of a product as a trade mark. or take a trial to read the full analysis.

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