Kit Kat Lost A 16-Year Legal Battle Against Cadbury Over Its Shape

Do you remember what you were doing 16 years ago? Nestlé, the company behind treats such as Kit Kat and Butterfinger bars, does. That’s because they put in a 2002 request to trademark the candy’s shape, since they felt that the bar’s four-fingered design is iconic. Well, as per their slogan, it seems that no one will give Kit Kat a break — and that especially refers to the European Court of Justice, which just denied Nestlé’s request.

It turns out that Cadbury, a popular British candy company, was fighting Nestlé all along the way. That’s because they also produce a four-fingered chocolate bar that looks similar in shape to Kit Kat bars. The candy is called Kvikk Lunsj (aka “quick lunch”) and it was released two years after Kit Kat’s debut, which was in 1935. Before Nestlé’s trademark attempt, the two chocolate bars lived in peace and harmony in the candy aisle.

Interestingly enough, in 2006, Kit Kat’s shape was trademarked… but this decision was later reversed. Ever since, the brand has been trying (over and over again) to make it happen for their chocolate bar.

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So, what’s it going to take for Kit Kat to have its day? Apparently, they would have to prove that the bar’s design has become recognizable in a large part of the European Union. Sadly for Nestlé, that doesn’t sound like an easy task — but that doesn’t mean they’re giving up. According to BBC, one of the brand’s representatives said that this letdown is “not the end of the case.” They still believe that Kit Kat’s shape is iconic enough to warrant a trademark.

Ultimately, we’re wishing Kit Kat the best of luck, and hope that they finally get a break one day.

If you love Kit Kat bars like we do, you’re going to want to try our Kit Kat fudge. It’s something straight out of a candy lover’s dream.

Break us off a piece of that, please!