- 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?
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.
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