Mixed result for Nestle as "four finger" battle goes back to UK High Court
The European Court of Justice said that the shape of the KitKat alone was not distinctive enough for consumers to associate it with the snack. Cadbury has persistently fought to prevent Nestle obtaining the trademark and both Nestle and Cadbury said they were "pleased" with today's ruling. Nestle's next challenge will be to try and demostrate that the public identifies the KitKat only by its shape, not the name.