In a trademark case concerning color, Pantone 2685C to be exact, U.K. Court of Appeal has ruled in favor of Swiss food company, Nestlé over British confectionery company, Cadbury. Legal dispute between Nestlé and Cadbury over the purple trademark have been ongoing since 2008. The latest ruling comes after judges determine Cadbury’s trademark application lacked clarity. Thus making Pantone 2685C and other shades of purple an packaging option for other chocolate manufacturers.
Using Al Ries and Jack Trout’s explanation of positioning, while Pantone 2685C is not exclusive to Cadbury, Cadbury holds a competitive edge in the chocolate market having been first to adopt the colour on its wrappers. Should any company decide to add or change their packaging colours, they would need to implement a strong campaign to overtake Cadbury’s current market. As consumers will continue to associate purple wrapping with Cadbury since it has been a part of the brand’s image longer.
While Nesté has commented that the company does not plan on incorporating Pantone 2685C into its packaging, this five-year long legal battle raises the questions, what does Nestlé stand to gain from spending its resource on a trademark that does not affect them from a marketing perspective?
http://www.theguardian.com/business/2013/oct/04/cadbury-dairy-milk-purple-trademark-blocked
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