Intellectual Property Law: Societe des Produits Nestle SA v Cadbury UK Ltd, CA (Lewison LJ, Sir John Mummery, Sir Timothy Lloyd), 04/10/13

An appeal was allowed, holding that Cadbury’s application for a mark described as “The colour purple (Pantone 2685C) … applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods” was not registrable because it did not constitute a “sign” that was “represented graphically” within article 2 Directive 2008/95. The mark applied for offended the requirements of clarity, precision, self-containment, durability and objectivity.