In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd [2017] EWCA Civ 358. The Court of Appeal upheld the High Court's decision in finding that Nestlé is not permitted to register a UK mark for the shape of the Kit Kat as Nestlé has failed to demonstrate acquired distinctiveness in the shape. Société des Produits Nestlé v Cadbury UK Ltd [2017] EWCA Civ 358.
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Laura Orlando
Italy Managing Partner, Joint Global Head of Intellectual Property, EMEA Co-Head of Life Sciences, Milan
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