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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Hillary Clinton can take down the Donald Trump bogeyman - but she's up against the real thing

Donald Trump still has time to transform. 

Eight years later than hoped, Hillary Clinton finally ascended to the stage at the Democratic National Convention and accepted the nomination for President. 

Like her cheerleaders, the Obamas, she was strongest when addressing the invisible bogeyman - her rival for President, Donald Trump. 

Clinton looked the commander in chief when she dissed The Donald's claims to expertise on terrorism. 

Now Donald Trump says, and this is a quote, "I know more about ISIS than the generals do"

No, Donald, you don't.

He thinks that he knows more than our military because he claimed our armed forces are "a disaster."

Well, I've had the privilege to work closely with our troops and our veterans for many years.

Trump boasted that he alone could fix America. "Isn't he forgetting?" she asked:

Troops on the front lines. Police officers and fire fighters who run toward danger. Doctors and nurses who care for us. Teachers who change lives. Entrepreneurs who see possibilities in every problem.

Clinton's message was clear: I'm a team player. She praised supporters of her former rival for the nomination, Bernie Sanders, and concluded her takedown of Trump's ability as a fixer by declaring: "Americans don't say: 'I alone can fix it.' We say: 'We'll fix it together.'"

Being the opposite of Trump suits Clinton. As she acknowledged in her speech, she is not a natural public performer. But her cool, policy-packed speech served as a rebuke to Trump. She is most convincing when serious, and luckily that sets her apart from her rival. 

The Trump in the room with her at the convention was a boorish caricature, a man who describes women as pigs. "There is no other Donald Trump," she said. "This is it."

Clinton and her supporters are right to focus on personality. When it comes to the nuclear button, most fair-minded people on both left and right would prefer to give the decision to a rational, experienced character over one who enjoys a good explosion. 

But the fact is, outside of the convention arena, Trump still controls the narrative on Trump.

Trump has previously stated clearly his aim to "pivot" to the centre. He has declared that he can change "to anything I want to change to".  In his own speech, Trump forewent his usual diatribe for statistics about African-American children in poverty. He talked about embracing "crying mothers", "laid-off factory workers" and making sure "all of our kids are treated equally". His wife Melania opted for a speech so mainstream it was said to be borrowed from Michelle Obama. 

His personal attacks have also narrowed. Where once his Twitter feed was spattered with references to "lying Ted Cruz" and "little Marco Rubio", now the bile is focused on one person: "crooked Hillary Clinton". Just as Clinton defines herself against a caricature of him, so Trump is defining himself against one of her. 

Trump may not be able to maintain a more moderate image - at a press conference after his speech, he lashed out at his former rival, Ted Cruz. But if he can tone down his rhetoric until November, he will no longer be the bogeyman Clinton can shine so brilliantly against.