On Friday, Cadbury officially lost the right to trademark Pantone 2685c, or the colour formerly known as Cadbury Purple. The suit, which has been contended since 2008 between Nestle and Cadbury was initially ruled in favour of Cadbury’s exclusive rights to the colour. The Court of Appeals overturned that decision last week. 

While many have come to identify the colour informally with Cadbury, since its use by the chocolate company has stretched back over the past 100 years, the Court determined that a colour is too imprecise a branding implement as to merit a trademark.

Colour, time and again, has proven to be at the heart of certain brands’ identities and foundation of their public awareness. Take Easy Group and Orange's battle over the colour orange or Louboutin and YSL sparring over the use of internationally irresistible red-soled shoes.

However, the colour does not the brand make, head of consumer brand identity & packaging at Dragon Rouge, Barbra Wright, says, “Cadbury is synonymous with a specific tone of purple – and I believe this stands true regardless of who tries to replicate it and steal some of the positive associations. The other thing I'm struck by is it's all very well for Nestle to want to use P2685C but if they put it on Kit Kat it could do more harm than good – for Kit Kat has to be red – ask any man in the street.”

Cadbury said after the ruling was announced that it was disappointed but that its use of Pantone 2685c was so ingrained in the public awareness, it will continue to be linked with the Cadbury brand, regardless of what competitors do.

Colour, Wright says, can be a hallmark of a brand, but only when used alongside the other intrinsic brand associations such as shape, language and product. She adds, “I'm left wondering what Nestle will do with it – perhaps create a purple wall of slabs adjacent to the Cadbury lot. Best they be careful lest consumers don't like their tactic for the Cadbury brand has a loyal following that wants Cadbury. Not something else trying to be Cadbury.”

In January, another Cadbury/Nestle battle – over the use of the Kit Kat-esque four finger wafer candy – was also ruled in favour nestle, which was allowed to trademark the distinctive shape.