@Rik

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.
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.

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.