Cadbury has won the right to prevent other confectionery makers using its shade of purple on packaging.

Rival Nestlé attempted the revoke the Intellectual Property Office’s (IPO) registration of the Cadbury pantone purple- arguing that colours could not be trademark protected.

On 1 October High Court judge Colin Briss ruled that colours were capable of being trademarks as ‘purple is distinctive of Cadbury for milk chocolate’.

This ruling could lead to other brands considering the trademarking of a colour. However, a partner at Withers & Rogers has warned that ‘colour registrations are notoriously difficult to obtain’.

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