Nestle have lost their latest battle with Cadbury, to trademark their 4 Finger Kit-Kat.
However, Nestle are not giving up yet.
So, do you think a company should be allowed to trademark a shape?
I used the 3D Tool to easily make the 4 Finger bar.
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Nestle have lost their latest battle with Cadbury, to trademark their 4 Finger Kit-Kat.
However, Nestle are not giving up yet.
So, do you think a company should be allowed to trademark a shape?
I used the 3D Tool to easily make the 4 Finger bar.
Maybe it is just me but I think there are about a trillion more pressing issues at the moment.
The shaded portions of chocolate would not be that dark Rik.
Interesting question Rik. Is the Toblerone shape trademarked?Quote:
So, do you think a company should be allowed to trademark a shape?
DISCUSS
You're right, Gary.
No doubt about that.
I was not really going for accuracy, which is why I didn't post in the Art Gallery.
It was just a bit of fun, in drawing the shape, and then trying the 3D Tool for quickness.
I think you will find the Toblerone shape is trademarked.Quote:
Originally Posted by Egg Bramhill
I think the reason why Nestle lost, is that the shape is not seen (distinctive enough) whilst it is in its wrapper.
Toblerone is distinctive.
That's what the article points out Rik. Strange decision in my opinion.
Do you mean that Nestle should have been able to trademark the 4 Finger shape?Quote:
Originally Posted by Egg Bramhill
Are you refering to the widely reported unsustainable deforestation and habitat distruction from Nestle’s palm oil production, required to make KitKat bars?Quote:
Originally Posted by gwpriester
No, but that is always a consideration. My thinking was closer to home.Quote:
Are you refering to the widely reported unsustainable deforestation and habitat distruction from Nestle’s palm oil production, required to make KitKat bars?
+1 Jono
Stygg
one of the problems for Nestle [apart from what Jono said] is that there is another same shape chocolate bar from Norway, Kvikk Lunsj that has been around almost as long as the KitKat [1937, 1935] and Rowntree who made KItKat before Nesle took them over, never bothered about it - it's only now markets have become internationalised that it really becomes any sort of issue
PS:
see here:
https://www.bbc.co.uk/news/world-europe-44939819
I wonder if the dispute between Poundland and Toblerone is one reason at least why Toblerone have decided to revert back to it's original bar shape which is 100% protected....?
Given that Kit-Kat is/was also available in the two-finger format, tends to water down its claim for a unique shape, don't you think?
Decided to change the lighting, a little bit.
Ah yes, just seen the news, not good.Quote:
Originally Posted by gwpriester
What was it that you saw on the news?Quote:
Originally Posted by Jonopen
fires in california?
Yes, that’s what I saw on the news that I thought Gary might be refering to. Sorry Rik, didn’t mean to be cryptic or be off topic.Quote:
Originally Posted by handrawn
From experience I'd say Gary was being metaphoric and global in outlook
Nestle are still contesting this, so, does that mean that Cadbury can carry on making their chocolate in that shape in the meantime?
@Rik
Very possibly Rik but the KitKat bars I remember as a kid were foil wrapped bars distinctly showing the bars shape. Then they had a paper envelope over the foil, such that the shape remained distinctive. Today this has gone and KitKats are enclosed within an air sealed bag.Quote:
I think the reason why Nestle lost, is that the shape is not seen (distinctive enough) whilst it is in its wrapper.
Toblerone is distinctive.
So similarly has Toblerone (as pointed out earlier) voided it's copyright with the recent introduction of lesser 'mountains' and wider 'valleys' on their product.
This is the 2-Bar Kit Kat that I know of. And you can't really see the shape of the bar completely.Quote:
Originally Posted by Egg Bramhill
Unless you know of another way it was wrapped?
Interesting link:
http://breakwithkitkat.weebly.com/about-us.html
Check Home page
KitKat will always be my favorite chocolate wafer.
I remember years ago the deviation of the brand slogan was “take a break, take a Kwick Krap” on tee shirts. I suppose the modern day equivalent is “Take a Break, have an orangutan finger”. :eek: