E.U. Court Sends Nestle Trademark Dispute Back To U.K.

Law360, New York (January 26, 2005, 12:00 AM EST) -- In a test of trademark protection for advertising slogans, a top European court adviser has determined that Swiss confectioner Nestle S.A. must meet a very high standard to gain a trademark for its slogan “Have a Break.”

Advocate General Juliane Kokott of the Luxembourg-based European Court of Justice said Thursday a dispute surrounding the trademark request for the chocolate bar Kit Kat - "Have a break" - should be reassessed in Britain to see whether it is distinctive enough.

Nestle, which sold about 258 million pounds’...
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