Appeals court nixes Cadbury trademark on purple chocolate wrappers


I wonder, is the whole brown Hershey wrapper thing trademarked?

p.s. yes american chocolate is hideous

Trademarking colors. Are you serious.

Next up, Google purchases the Latin Alphabet.

I call dibs on fake Cyrillic. Mostly so I don’t have to see it again :smile:

That’s just prepostorous. Mondelez, the other party in the suit owns Milka which has been around since 1825 and which has used purple packaging since 1901, four years before Cadbury started doing so! Odds are they were actually copying the Swiss at the time.

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codinghorror, I wasn’t able to find a US registration for the color brown, but Hershey’s or related affiliates own at least two color marks - one for an orange background on packaging for peanut butter baking chips and one for a blue color on packaging for fruits and nuts. Not easy to link to these from the USPTO, or I would.

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Gotta say I like Hershey’s. It reminds me of when I was a kid, and that was fantastic. My kids like it too - expensive here in London, but there you go.

It isn’t Swiss chocolate, but it has its own identity.

Yeah – most food preferences are just what one grew up with. That being said, arguing the merits of English vs American chocolate seems to be splitting hairs – they are both more similar to each other than either is to European chocolate.


Maybe Cadbury’s will actually have to start putting chocolate inside their wrappers before they can win this case.

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