Saturday, November 26, 2011

The Color Purple... Trademarked Again

Wait, we have only
have a story about a knitting needle company trademarking the color purple? In fact, we did, but apparently everyone else does, too. Plus in the UK, was not really a legal battle through this, trying to Cadbury purple marks, and the competitor Nestlé try to oppose efforts. However, the Office of Intellectual Property in the UK apparently has no problem with the color trademarking and gave the official mark of Cadbury.

Nestlé argued that the color can not be a trademark because the colors are widely used in trade and purple was commonly used by other companies when applied to the Cadbury brand.


The secretary spoke in favor of Cadbury, quoting the results of research showing that consumers strongly associated with the Dairy Milk purple, which was the best selling chocolate bars in the UK at the time of application in 2004.


The reasoning behind this is a bit strange. Think for a second, if they were not familiar with the details of trademark law and realized that there was a dispute over property that the color purple. How to read the following two sentences and not wonder why no one cares about the silly idea of ??trying to have a color.


The secretary spoke in favor of Cadbury, quoting the results of research showing that consumers strongly associated with the Dairy Milk purple, which was the best selling chocolate bars in the UK at the time of application in 2004.
Nestlé won some concessions. The Registrar ruled that Cadbury had not demonstrated that its use of purple in connection with chocolate assortments was strong enough to be included.
It feels like absolutely everyone involved in this conflict could have a job that really mattered, rather than discuss it.

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