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In the latest, and possibly final iteration in the long standing court battle between Cadbury’s and Nestle over the ability to protect a colour as part of a brand identity, last month the Court of Appeal overturned last year’s ruling in favour of Cadbury, this time siding with Nestle.
This ruling has ‘raised the bar’ in protecting colours for a brand significantly now, such that it may be an avenue that is closed off to many smaller and emerging brands. Use distinctive colour, but do not expect that others can not copy the colour aspect of your design is now our current understanding.
You can read more about it in Marketing Week.
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