E.U. Judges Send Nestle-Mars Trademark Dispute Back To U.K. Court

Law360, New York (July 7, 2005, 12:00 AM EDT) -- The European Court of Justice has remanded to U.K. courts a dispute between sweets makers Nestle SA and Mars Inc. over Nestle's request to trademark the slogan "Have a break" for its Kit Kat bars.

Judges at the European Union's Luxembourg-based court said the case should be reassessed in Britain to see whether "Have a break" could be considered distinctive enough to receive a trademark.

"It is for the national court to determine whether the mark 'Have a Break' has come to identify the product or...
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