The European Court of Justice has upheld a ruling that the KitKat bar was not well enough known in all EU states to merit trademark protection. Apparently, the “four fingered trapezoidal bars aligned on a rectangular base” will not be entitled to protection from copycats.
Nestlé has reportedly spent considerable sums on legal action over 11 years fighting the case.
In his 1994 Advertising Association President’s Lecture – ‘The Brand – Vehicle for Value in a Changing Market Place’ – Sir Michael Perry stated that, “Brands can establish a formidable reputation (but) very few are inimitable over time”. One of his five exemplars of exception was KitKat, which, he said “means chocolate wafers”.
If only all that money and time spent on legal action had been invested in the brand (maybe even returning to the beloved foil wrap) they wouldn’t have to worry about Mondelēz ripping them off.
Nestlé lawyers – please take a break.
John Lowery is a marketing consultant who has worked both agency and client side
