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Cadbury denied right to trademark Dairy Milk purple

Cadbury has lost a five-year court battle to register a distinctive shade of purple as a trademark for its chocolate bars.

Lawyers for rival Nestlé managed to overturn a previous judgment that would have prevented other manufacturers from wrapping their products in the same Dairy Milk tone.

The row revolved around a specific shade of purple – defined as Pantone 2685C – which the Birmingham-based manufacturer maintains it has used since the first world war. It is used on its bestselling Dairy Milk bars and other sweets.

The appeal court in London did not rule that pure colours alone cannot be used as trademarks but said Cadbury's definition of the "predominant colour" of its packaging fell short of the necessary precision.

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