Colour Marks: Nestlé SA v Cadbury UK
Jane Lambert Chancery Division (Mr Justice Measd) Societe des Produits Nestle SA v Cadbury UK Ltd [2022] EWHC 1671 (Ch) (5 July 2022) This was an appeal from Louise White's decision in The Colour Purple, Société des Produits Nestlé SA v Cadbury UK Ltd, BL O/198/19 of 12 April 2019. The hearing officer had heard oppositions by Société des Produits Nestlé ("Nestlé") to the following trade mark applications by Cadbury UK Ltd. ("Cadbury"): Application No 3 019 362 Application No 3 019 361 , and Application No 3 025 822 . She found for the opponent in respect of application numbers3025822 and 3019361 but not application number 3019362. Cadbury appealed against her decision on 025822 and 3019361. Before the appeal could be heard. Cadbury settled its differences with Nestlé. The Registrar of Trade Marks considered that the appeal gave rise to important issues where the law was uncertain and sought to intervene in the proceedings. Permission to do son was granted...