WE COULD BE about to see a flood of new four-finger chocolate bars to rival Kit Kat come onto the market, after Nestlé suffered a big blow in a long-running court battle to protect the shape of its iconic chocolate bar.
The advocate-general for the European Court of Justice has ruled that Nestlé’s attempts to trademark the ‘four finger’ design of Kit Kat don’t hold up under EU law.
It follows a court challenge by rival Cadbury, which opposed Nestlé’s attempt to trademark the Kit Kat design when it filed its request back in 2010.
The decision means rivals are theoretically free to launch their own four finger chocolate bars without fear of getting tied up in the courts.
The Kit Kat design has barely changed since launching in 1935 and Nestlé sold £40 million (€55 million) worth of Kit Kats in the UK every year between 2008 and 2010, according to the Guardian.
A spokesperson for Nestlé told Business Insider via email:
Nestlé will review the Advocate General’s Opinion with interest and look forward to the full decision of the Court. KIT KAT is much loved and its unique shape, which has been used for 80 years, is well known by consumers.”
It’s not the first time Cadbury and Nestlé have faced each other in the courts. In 2013 Nestlé won a long running legal battle to stop Cadbury trademarking the specific hue of purple that runs across all its branding.
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