Does Kit Kat’s Shape Deserve a Trademark? E.U. Adds a Hurdle.
"It was a good day for Kit Kat copycats.
Nestlé,
which makes the candy bar outside the United States, could lose
exclusive rights in the European Union to its four-fingered shape, the
region’s highest court ruled on Wednesday.
The
company has long argued that the Kit Kat’s four trapezoidal bars,
linked by a rectangular base, had enough of a “distinctive character”
that they deserved a trademark across Europe.
The
European Court of Justice, however, told Nestlé that it had not
presented evidence that shoppers in Belgium, Greece, Ireland or Portugal
would recognize a Kit Kat by shape alone."
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