7 Oct 2013

Cadbury loses colour bid

6:37 pm on 7 October 2013

Cadbury has lost its bid to own the colour purple, which it uses in the wrapper of its products.

The chocolate maker, which is owned by the American company Kraft Foods, had been trying to decree that it alone can use a certain type of purple, known as Pantone 2-8-6-5-c, on its chocolate bar wrapping.

Last week, it found out it couldn't after a five-year battle with its rival, Nestle.

In 2008, Nestle objected to Cadbury's initial trademark application.

Last year, Cadbury won the legal case to stop other firms using the colour but Nestle has won an appeal against that earlier ruling.

Interbrand's European chief executive Simon Bailey says it is possible for brands to own colours.

"In the past BP and, I think, for example Tiffany have been very successful in actually managing in some instances to register colours as part of their trademark.

"...brands are much more than names so they are a mix of functional and emotional attributes that come together to form an impression in the mind of the consumer.

Mr Bailey says brands are enormously valuable with the latest Interbrands annual survey of the best global brands valuing the combined total of the 100 top brands at more than $US1.5 trillion.