ECJ's Kit Kat decision more nuanced than media reports suggest
This morning the Court of Justice of the European Union (ECJ) issued its much-awaited decision in Société des Produits Nestlé SA v Cadbury UK Ltd (Case C-215/14), with most media reports arguing that the decision deals a final blow to Nestlé’s attempt to protect the ‘four-finger’ shape of its Kit Kat bar as a trademark in the UK. However, the reality is more nuanced, with the company itself stating that it was “very pleased” with the judgment and looked “forward to the decision of the UK High Court”.
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