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Policy shapes the law as Court of Appeal considers KitKat

By Angela Fox and Dr. Janet Strath

In a controversial decision, the Court of Appeal has ruled against Nestlé in its long-running legal battle to protect the iconic four-finger shape of its KitKat wafer biscuit product in the UK.

The ripples from this decision could affect untold numbers of cases where applicants rely on evidence of acquired distinctiveness to secure trade mark rights in the UK. It will also raise questions about the validity of UK registrations, and EUTMs if questioned in the English courts, where registration was secured on that basis.

Please read the full article here (Published by Oxford University Press, Journal of Intellectual Property Law & Practice on 08 August 2017).

For questions about this matter or related issues, please contact our Partner Angela Fox (

Monday, August 14, 2017