Corporate takeover: Cadbury now owns the colour purple

The chocolate giant has won a high-court showdown with Nestlé for the rights to Pantone 2685C.
Do you think it’s the right decision?

Cadbury Purple

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 NestlĂ© 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 NestlĂ©’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?

Source: http://www.guardian.co.uk/artanddesign/2012/oct/03/cadbury-trademark-colour-purple-open-thread

One comment

  1. You can’t trademark something you didn’t create. As people’s mental abilities decline I think they get confused. ~chuckle~

    The “reference” to someones or somethings trademark is referring to an act or item that is often or always associated with that subject.

    To legally trademark something one must be the actual owner/creator of that item. You can not own something that belongs to mankind or better stated something that already exists.

    And personally, any law that gives privilege to someone trying to claim ownership of something that already exists (such as life, Monsanto) are completely incompetent.

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