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Is the four-fingered form of a KitKat so unique that other chocolatiers are not allowed to use it? No, the European Court ruled Wednesday in a decision ending a 16-year legal battle.
The verdict is a setback for Nestlé, the Swiss manufacturer of KitKat. The food group has been trying since 2002 to establish property rights over the shape of the European bar. This initially appeared to be a success, as ten EU countries, including the Netherlands, have called KitKat's four-fingered bar one-of-a-kind. But in 2007, Nestlé's claim was still challenged by Cadbury Schweppes, a member of the American Mondelez. This company produces in Norway a uniform bar under the name of Kvikk Lunsj. It's been around since 1937 – and is only two years younger than KitKat.
The verdict was not a surprise at all. Advocate General Melchior Wathelet advised the European Court in April to justify Mondelez. The opinion of the Advocate General is not binding, but weighs heavily.
Legal cases concerning the shape of chocolate bars are more common. The Swiss chocolate brand Lindt has been trying to save the shape of her Easter chocolate bunny as intellectual property, but lost it. In 1998, Toblerone managed to obtain the exclusive rights to the shape of this chocolate bar. This was challenged last year by a competitor from Poland. In this case, eventually become appropriate.
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