Cadbury retains hold over its trademarked shade of purple

Pantone 2685 is Cadbury's special colour.

After fighting for almost eight years, Cadbury has finally won a high court battle over its trademark of a certain shade of the colour purple.

The chocolate company applied for the trademark back in October 2004, registering:

The colour purple (Pantone 2685C), as shown in the form of application, applied to the whole visible surface or being the predominant colour applied to the whole visible surface, of the packaging of the goods [for] chocolate in bar and tablet form, chocolate confectionery, chocolate assortments, cocoa-based beverages, chocolate-based beverages, preparations for chocolate-based beverages, chocolate cakes.

Pantone 2685C is also represented by the hex colour code #3B0084, or RGB 59-0-132. Cadbury has got a lot of stick over the intervening eight years for, effectively, trademarking a certain wavelength of the electromagnetic spectrum, but the protected aspect is actually much narrower than has previously been reported. Anyone can use the purple for anything non-chocolate-related, and even other chocolate manufacturers can use it provided it isn't "the predominant colour applied to the whole visual surface" of the packaging.

Nonetheless, Nestlé, Cadbury's biggest rival, opposed the trademark. Their legal argument was that that shade of purple had no distinctive character, had been granted for too broad a range of goods, and had been applied for in bad faith, claiming that Cadbury never intended to use the mark for "the whole visible surface". In addition, Nestlé can't have avoided noticing that one of its own subsidiaries, Wonka, uses an eerily similar shade of purple in its own branding (although Wonka's is #5C2A88). Nestlé won in part, with the Intellectual Property Office ruling that Cadbury's trademark would only apply to chocolate bars and drinking chocolate, but their appeal against even that aspect is what was finally overturned yesterday, when the High Court ruled that the colour has been distinctive of Cadbury for milk chocolate since 1914.

A Cadbury spokesman told Design Week:

We welcome the decision of the High Court which allows us to register as a Trade Mark and protect our famous Colour Purple across a range of milk chocolate products. Our Colour Purple has been linked with Cadbury for more than a century and the British public have grown up understanding its link with our chocolate.

Colour protections are not unique to chocolate bars, but they have had varying degrees of success in other areas. BP attempted to trademark Pantone 348C, a shade of green, in over 20 countries, but slowly had to back away. In Britain, it lost a case it brought in 2000 against a Northern Irish oil company which was also using green on its petrol stations, and has since effectively abandoned Pantone 348C by redefining "BP Green", which is now officially Pantone 355C.

The Easy conglomerate, owners of the travel company easyJet, uses Pantone 021C, but famously got into trouble with the mobile phone company Orangewhich has trademarked the similar shade Pantone 151C – when it started easyMobile in 2004.

It's important to note, though, that all of these protections are specific to sectors. As the BBC put it:

Cadbury's, for example, can argue that their famous shade of purple cannot be used by other chocolate makers. They could not stop a firm making hats from using the same shade though, as they would be in different businesses.

Wearing Cadbury's purple would probably be a bit of a fashion faux-pas, but it's not actually illegal yet.

The protected shade of purple.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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“Trembling, shaking / Oh, my heart is aching”: the EU out campaign song will give you chills

But not in a good way.

You know the story. Some old guys with vague dreams of empire want Britain to leave the European Union. They’ve been kicking up such a big fuss over the past few years that the government is letting the public decide.

And what is it that sways a largely politically indifferent electorate? Strikes hope in their hearts for a mildly less bureaucratic yet dangerously human rights-free future? An anthem, of course!

Originally by Carly You’re so Vain Simon, this is the song the Leave.EU campaign (Nigel Farage’s chosen group) has chosen. It is performed by the singer Antonia Suñer, for whom freedom from the technofederalists couldn’t come any suñer.

Here are the lyrics, of which your mole has done a close reading. But essentially it’s just nature imagery with fascist undertones and some heartburn.

"Let the river run

"Let all the dreamers

"Wake the nation.

"Come, the new Jerusalem."

Don’t use a river metaphor in anything political, unless you actively want to evoke Enoch Powell. Also, Jerusalem? That’s a bit... strong, isn’t it? Heavy connotations of being a little bit too Englandy.

"Silver cities rise,

"The morning lights,

"The streets that meet them,

"And sirens call them on

"With a song."

Sirens and streets. Doesn’t sound like a wholly un-authoritarian view of the UK’s EU-free future to me.

"It’s asking for the taking,

"Trembling, shaking,

"Oh, my heart is aching."

A reference to the elderly nature of many of the UK’s eurosceptics, perhaps?

"We’re coming to the edge,

"Running on the water,

"Coming through the fog,

"Your sons and daughters."

I feel like this is something to do with the hosepipe ban.

"We the great and small,

"Stand on a star,

"And blaze a trail of desire,

"Through the dark’ning dawn."

Everyone will have to speak this kind of English in the new Jerusalem, m'lady, oft with shorten’d words which will leave you feeling cringéd.

"It’s asking for the taking.

"Come run with me now,

"The sky is the colour of blue,

"You’ve never even seen,

"In the eyes of your lover."

I think this means: no one has ever loved anyone with the same colour eyes as the EU flag.

I'm a mole, innit.