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.

Lindsey Parnaby / Getty
Show Hide image

The public like radical policies, but they aren't so keen on radical politicians

Around the world, support for genuinely revolutionary ideas is strong, but in the UK at least, there's less enthusiasm for the people promising them.

You’re probably a getting a little bored of the litany of talking head statistics: trust in elected officials, parliament, the justice system and even democracy itself has been falling steadily for years and is at record lows. Maybe you’ve seen that graph that shows how people born after 1980 are significantly less likely than those born in 1960 to think that living in a democracy is ‘essential’. You’ve possibly heard of the ‘Pasokification’ of the centre-left, so-named the collapse of the once dominant Greek social democratic party Pasok, a technique being aggressively pursued by other centre-left parties in Europe to great effect.    

And so, goes the logic, there is a great appetite for something different, something new. It’s true! The space into which Trump et al barged leaves plenty of room for others: Beppe Grillo in Italy, Spanish Podemos, Bernie Sanders, Jean Luc Melanchon, and many more to come.

In my new book Radicals I followed movements and ideas that in many cases make someone like Jeremy Corbyn seem positively pedestrian: people who want to dismantle the nation state entirely, use technology to live forever, go off grid. All these ideas are finding fertile ground with the frustrated, disillusioned, and idealistic. The challenges of coming down the line – forces of climate change, technological change, fiscal crunch, mass movements of people – will demand new types of political ideas. Radical, outsider thinking is back, and this does, in theory at least, offer a chink of light for Corbyn’s Labour.

Polling last week found pretty surprising levels of support for many of his ideas. A big tax on high earners, nationalising the railways, banning zero hours contracts and upping the minimum wage are all popular. Support for renewable energy is at an all-time high. According to a recent YouGov poll, Brits actually prefer socialism to capitalism, a sentiment most strongly held among younger people.

There are others ideas too, which Corbyn is probably less likely to go for. Stopping benefits entirely for people who refuse to accept an offer of employment is hugely popular, and in one recent poll over half of respondents would be happy with a total ban on all immigration for the next two years. Around half the public now consistently want marijuana legalised, a number that will surely swell as US states with licenced pot vendors start showing off their dazzling tax returns.

The BNP effect used to refer to the problem the far-right had with selling their ideas. Some of their policies were extremely popular with the public, until associated with the BNP. It seems as though the same problem is now afflicting the Labour brand. It’s not the radical ideas – there is now a genuine appetite for those who think differently – that’s the problem, it’s the person who’s tasked with delivering them, and not enough people think Corbyn can or should. The ideal politician for the UK today is quite possibly someone who is bold enough to have genuinely radical proposals and ideas, and yet appears extremely moderate, sensible and centrist in character and temperament. Perhaps some blend of Blair and Corbyn. Sounds like an oxymoron doesn’t it? But this is politics, 2017. Anything is possible.

Jamie Bartlett is the head of the Violence and Extremism Programme and the Centre for the Analysis of Social Media at Demos.

0800 7318496