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Nestlé loses fight over acquired distinctiveness of Kit Kat bar

James Nurton, London

Nestlé's four-finger chocolate bar is not entitled to trade mark protection, as the company has not shown that it has acquired distinctiveness such that consumers rely upon it to identify the product's origin

That was the conclusion of Mr Justice Arnold of the England and Wales High Court, who published his decision in the case between rivals Nestlé and Cadbury today.

Arnold's judgment, his second in this dispute, comes after the CJEU...

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