Battle over Norwegian chocolate reaches the Continent / News / The Foreigner

Battle over Norwegian chocolate reaches the Continent. KitKat’s manufacturers cannot claim a trademark exclusive that would affect Norway’s Kvikk Lunsj, a preliminary ruling finds. The 10-year-plus feud started when Cadbury, owned by US Company Mondelēz International, wanted to trademark the purple colour it uses on its chocolate wrappers. Judges ruled in favour of Cadbury.

kitkat, kvikklunsj, chocolate, court



The Foreigner Logo

The Foreigner is an online publication for English speakers living or who have an interest in Norway. Whether it’s a glimpse of news or entertainment you’re after, there’s no need to leave your linguistic armchair. You don’t need to cry over the demise of the English pages of Aftenposten.no, The Foreigner is here!

Norske nyheter på engelsk fra Norge. The Foreigner er en engelskspråklig internett avis for de som bor eller som er interessert i Norge.

Google+ Google+ Twitter Facebook RSS RSS



News Article

LATEST:

Battle over Norwegian chocolate reaches the Continent

Published on Monday, 15th June, 2015 at 23:00 under the news category, by Sarah Bostock and Michael Sandelson   .
Last Updated on 6th December 2015 at 14:29.

KitKat’s manufacturers cannot claim a trademark exclusive that would affect Norway’s Kvikk Lunsj, a preliminary ruling finds.

Kvikk Lunsj in the snow
Kvikk Lunsj in the snow
Photo: Color Line/Wikimedia Commons


The 10-year-plus feud started when Cadbury, owned by US Company Mondelēz International, wanted to trademark the purple colour it uses on its chocolate wrappers.

Judges ruled in favour of Cadbury.

UK High Court judges overturned this ruling in 2013, however, following a complaint by Swiss conglomerate Nestlé, which owns and makes KitKat.

In turn, Nestlé’s 2010 attempt to trademark the shape of its four-finger KitKat chocolate in the UK has landed the Swiss company in trouble with Mondelēz International.

The US company also owns Norway’s Freia, which manufactures Kvikk Lunsj. The chocolate product shares KitKat’s appearance.

According to the Advocate General of the Court of Justice of the European Union, Nestlé’s move does not comply with European legislation.

The decision comes following a request by UK High Court judges for the preliminary ruling.

KitKat, initially known as ‘Rowntree’s Chocolate Crisp’ was first produced in September 1935 by York-based Rowntree.

Two years later, it would be re-branded as KitKat Chocolate Crisp, becoming the well-known KitKat after the Second World War.

Nestlé has argued that the bar’s physical form had “acquired a distinctive character associated with the company since its launch.”

Moreover, the Swiss-owned company has said that 90% of respondents associate the chocolate-covered wafer fingers with KitKat.

Norway’s Kvikk Lunsj was created in 1937 and is still in production, which has been uninterrupted save for a pause between 1941 and 1949 due to a sugar shortage and flour quality problems.

Freia's chocolate was “an important foodstuff when polar hero [Roald] Amundsen reached the North Pole in 1911”, Freia says.

Moreover, 10 million Kvikk Lunsj were sold when Norway arranged the 1952 Winter Olympics in Oslo.

It is also a favourite with Norwegians while on their walks in Norway, with the Scandinavian country’s inhabitants consuming vast quantities at Easter time.

The Court of Justice of the European Union is expected to come with its advice in a few months.

The case of Nestlé’s application will then return to the UK's High Court, whose judges will decide its fate.

The Swiss company is also trying to get the trademark for the shape in Europe, which is a separate case.



Published on Monday, 15th June, 2015 at 23:00 under the news category, by Sarah Bostock and Michael Sandelson   .
Last updated on 6th December 2015 at 14:29.

This post has the following tags: kitkat, kvikklunsj, chocolate, court.





  
Do NOT follow this link or you will be banned from the site!