Kit Kat analysis
BUSI 506
Legal Environment of Business
J.D. Richard Ferrell
Student: Tamilla Azamova
“Battle over a four-fingered shape.”
Introduction Nestle has won, after 7 years, trademark battle against Cadbury over the four-fingered shape of the Nestle product - KitKat.
Nestle is the Swiss multinational company in snack food, health-related goods industry. Nestle is the largest food company in the world by its revenue. Their products include baby food, bottle water, cereals, coffee, chocolate bars and many others. The most popular products are Nespresso, Nescafe, KitKat, Maggi and Nesquick. Nestlé’s largest competitors are Kraft Foods, Unilever and Mars incorporated.
Cadbury is a British company and best known for its confectionary products. Cadbury was established as retailer of tea, coffee and drinking chocolate. The most popular products are Dairy Milk chocolate, the Crème Egg and Roses selection box. Cadbury`s main competitors are Jacobs Suchard, Nestle and Mars Incorporated.
Kit Kat is one of the Nestle popular products which was invented in 18th century by Rowntree`s of York (than was acquired by Nestle). Kit Kat has unique four-fingered shape, which makes it recognizable as the product of Nestle. The following case is all about Kit Kat`s shape and weather Nestle can have a trademark on the shape (not the name – which is more common).
Nestle and Cadbury were involved in a lawsuit over the four finger KitkKat`s shape. Nestle -the world’s biggest food company, has succeeded in stopping rivals from copying the shape of the four-fingered bar after a seven-year legal battle.1 Neste had registered shape of KitKat as a trademark in 2006 but Cadbury appealed against this application. In my paper I will discuss claim over trademark between Nestle and Cadbury, and the case status. This case is unusual in the way of concerns; the focus is not on the trademark name, but a trademark shape. By implying that we would not see an
Legal Environment of Business
J.D. Richard Ferrell
Student: Tamilla Azamova
“Battle over a four-fingered shape.”
Introduction Nestle has won, after 7 years, trademark battle against Cadbury over the four-fingered shape of the Nestle product - KitKat.
Nestle is the Swiss multinational company in snack food, health-related goods industry. Nestle is the largest food company in the world by its revenue. Their products include baby food, bottle water, cereals, coffee, chocolate bars and many others. The most popular products are Nespresso, Nescafe, KitKat, Maggi and Nesquick. Nestlé’s largest competitors are Kraft Foods, Unilever and Mars incorporated.
Cadbury is a British company and best known for its confectionary products. Cadbury was established as retailer of tea, coffee and drinking chocolate. The most popular products are Dairy Milk chocolate, the Crème Egg and Roses selection box. Cadbury`s main competitors are Jacobs Suchard, Nestle and Mars Incorporated.
Kit Kat is one of the Nestle popular products which was invented in 18th century by Rowntree`s of York (than was acquired by Nestle). Kit Kat has unique four-fingered shape, which makes it recognizable as the product of Nestle. The following case is all about Kit Kat`s shape and weather Nestle can have a trademark on the shape (not the name – which is more common).
Nestle and Cadbury were involved in a lawsuit over the four finger KitkKat`s shape. Nestle -the world’s biggest food company, has succeeded in stopping rivals from copying the shape of the four-fingered bar after a seven-year legal battle.1 Neste had registered shape of KitKat as a trademark in 2006 but Cadbury appealed against this application. In my paper I will discuss claim over trademark between Nestle and Cadbury, and the case status. This case is unusual in the way of concerns; the focus is not on the trademark name, but a trademark shape. By implying that we would not see an
References: 1. Office for Harmonization in the internal market http://www.ie-forum.nl/backoffice/uploads/file/IEForum%20OHIM%20Board%20of%20Appeal%2011%20december%202012,%20zaak%20R%20513_2011-2%20(Nestlé%20tegen%20Cadbury%20Holdings%20Limited).pdf 2. Cadbury thwarted over KitKat design as Nestlé wins battle to prevent rivals copying four-fingered bar - http://www.dailymail.co.uk/news/article-2256648/Cadbury-thwarted-KitKat-design-Nestle-wins-battle-prevent-rivals-copying-fingered-bar.html 3. Nestlé wins tit-for-tat trademark battle with Cadbury http://www.marketingmagazine.co.uk/article/1165328/nestle-wins-tit-for-tat-trademark-battle-cadbury 4. Nestle wins trademark case over Kit Kat shape after Cadbury row http://www.confectionerynews.com/Regulation-Safety/Nestle-wins-trademark-case-over-Kit-Kat-shape-after-Cadbury-row?utm_source=copyright&utm_medium=OnSite&utm_campaign=copyright