ECJ's Kit Kat decision more nuanced than media reports suggest

On Wednesday the ECJ issued its much-awaited decision in Société des Produits Nestlé SA v Cadbury UK Ltd, 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 decision.