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Cadbury and the purple trademark

By | October 2, 2012, 7:21 PM PDT

Image via Flickr / Sudeep1106

Image via Flickr / Sudeep1106

The popular British candy company now owns the rights to the shade of purple it uses to brand itself–just in time for Halloween. This marks the end of an 8-year legal fight, filled with controversy over whether Cadbury had the right to trademark a color.

It was a battle that pitted Mars bars against Flakes. After Cadbury applied for ownership rights in 2004, competing company Nestle appealed and tried to make the case that colors couldn’t be trademarked. But several years of litigation later, the high court in London found that not to be the case and made the decision to grant Cadbury the trademark. “Our colour purple has been linked with Cadbury for more than a century and the British public have grown up understanding its link with our chocolate,” the company said in a statement, welcoming the decision to allow them to “protect our famous colour purple across a range of milk chocolate products.”

So enjoy your Cadbury Screme Eggs this October and appreciate that pretty purple on the wrapper. But don’t think about using it to wrap and sell your homemade caramels at Christmastime.

[via the Guardian]

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Jenny Wilson

About Jenny Wilson

Jenny Wilson was a contributing editor for SmartPlanet from 2011 to 2012.

Jenny Wilson

Jenny Wilson

Contributing Editor

Jenny Wilson is a freelance journalist based in Chicago. She has written for Time.com and Swimming World Magazine and served stints at The American Prospect and The Atlantic Monthly magazines. She is currently pursuing a degree from Northwestern University's Medill School of Journalism.

Follow her on Twitter.

Jenny Wilson

Jenny Wilson

Jenny Wilson does not hold any investments in the technology companies she covers.

She writes for SmartPlanet and is not an employee of CBS.

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+2 Votes
+ -
This is stupid
Now companies want to pretend they invented colors, shapes and words. What can't money buy?
Posted by dennyinusa
3rd Oct
+1 Vote
+ -
ug
" So enjoy your Cadbury Screme Eggs this October and appreciate that pretty purple on the wrapper."

Alternatively, don't buy anything cadbury; don't support this stupidity.
Posted by CrispinChapman
3rd Oct
+1 Vote
+ -
This sets a bad precedent of law
I can't believe that big business can now trademark a color. Virtually every brand has an associated trademark color. Does this mean that I have to get permission from UPS to paint my house brown. How about pay some royalty to Coke for the red truck I drive. Soon It will be sounds, styles, smells etc... that you will be sued for because it is too similar to something else. You don't think? Apple just did it to Samsung. I realize that blatant stealing of Intellectual property is and should be addressed but a color??? I can already see the greedy little corp lawyer rubbing their hands together over stuff like this. This is the kind of law that really stalls entrepreneurial development.
Posted by mpshaffer1
3rd Oct
0 Votes
+ -
Legal Notice...
I hereby commit myself to using this color of purple (whichever it is) in as MANY applications as I possibly can. If this "makes" me a "criminal," then so be it...

Meanwhile, I guess this increases the list of products I boycott for the fault of being arrogantly stup!d...
Posted by Lightning Joe
Updated - 3rd Oct
0 Votes
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Bit Barking
A shameful UK judgement, in the same poor light as barking mad US trademarks on software, and 'methods' beloved of Apple.

As there are 16.7 billion colors in 24bit color depth, surely they can't have all 10 million (or so) purple ones. Pantone colour matcher out to distinguish Nestle Purple from Cadbury Purple happy

Perhaps Cadbury should concentrate on driving their business with product development, than Apple Lawyer behavior. The sublime Philadelphia blended with Cadbury's chocolate is a great example here.
Posted by neil.postlethwaite@...
Updated - 4th Oct
0 Votes
+ -
Not a precedent.
The company I work for has had a certain shade of red and a certain shade of blue trademarked for our industry since the 1970s.

Companies outside our industry can use them, but in our niche industry they are ours.

The Red Sox have had the shade of green painted on their famous left field Green Monster wall trademarked for decades on everything. Tshirts, plush toys, hats, you name it.
Posted by Hates Idiots
Updated - 4th Oct
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