Do you think it’s the right decision?
Who owns the colour purple? Yesterday Cadbury’s Dairy Milk won a high-court ruling that they possessed the rights to a shade of it.
After four years of battling Nestlé and its rival Wonka products, Cadbury has been allowed to trademark Pantone 2685C – the creamy purple you associate with Dairy Milk and your glass and a half full. The court ruled that the colour has been distinctively Cadbury’s since 1914, rejecting Nestlé’s claim that you can’t trademark a colour. Cadbury is now referring to it as “our famous colour purple”.
But did the lawyers get it right? Last month, shoe designer Christian Louboutin won a similar battle against Yves Saint Laurent, earning trademark protection for his red-soled heels. Other brands have longstanding colour associations: think Tiffany blue and Coca-Cola red. Should you be able to trademark a colour?