EU Asked For Input On Cadbury, Nestle Kit Kat IP Clash

Law360, New York (January 17, 2014, 3:51 PM EST) -- A U.K. judge on Friday turned to a European Union court for guidance on the latest chapter in the showdown between Mondelez International Inc.'s Cadbury unit and Nestle SA, seeking clarification before determining whether Nestle could trademark the shape of its Kit Kat bar.

Justice Richard Arnold asked the EU Court of Justice to define what constitutes using a mark as a trademark after Cadbury — which Nestle recently managed to prevent from trademarking the shade of purple used on its milk chocolates' packaging — convinced...
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