Nestle Loses 16-Year Case Over The Shape of Kit Kat, Again

It’s hard to imagine a world where Kit Kat isn’t immediately recognisable as an iconic chocolate. However, that’s exactly what Kit Kat failed to prove, which means that Nestle just can’t catch a break (the joke had to be made). The European Court of Justice threw out an appeal by Nestle, which argued that it owns the four-finger shape of the delicious treat.

Mondelez vs. Nestle

Unfortunately, this isn’t the first time that Nestle has lost the trademark case. Way back in 2006, after four years of legal troubles, Kit Kat had won the trademark case, which was then lost, and reinstated in appeal after appeal which brings us to the present day, where they’ve lost again.

The news comes as a relief to Cadbury, who have been fighting Kit Kat’s trademark since 2002. And, of course, it’s all about chocolate. Cadbury’s parent company, Mondelez, also produces a Norwegian chocolate bar called Kvikk Lunsj, which is of an *ahem* similar shape to the Kit Kat. Although Kvikk Lunsj debuted two years after Kit Kat in 1937, it looks as though the early bird doesn’t get the worm.

While Nestle was taken to court in order to prove that the product had become iconic in “a significant part” of the EU, a hard ask, undoubtedly, in individual countries such as France and Germany, the trademark still holds. However, Nestle won’t be treating this verdict as the end of the road. A representative said this was “not the end of the case,” adding, again, “We think the evidence proves that the familiar shape of our iconic four-finger Kit Kat is distinctive enough to be registered as an EU trademark.”

We just hope this won’t disrupt Kit Kat from doling out delicious new flavors because we all need a break sometimes!