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Nestle lost a legal battle over the exclusivity of using the four bars in KitKat chocolate on Wednesday. The European Court of Justice has not recognized the exclusivity of the chocolate format. The Swiss brand has not been able to prove that the four bars are recognized in all countries of the European Union.
The judge responsible for the case was justified in decisions made in the lower courts. Nestle has been leading this legal battle for over a decade against competitor Cadbury, one of the Norwegian chocolate brands Kvikk Lunsj. Cadbury also has a snack consisting of four bars of chocolate.
Norwegian chocolate began being manufactured in 1937, two years before the entry into the market originally called Rowntrees bars, today KitKat.
For 65 years, both brands have different packaging and flavors. chocolates coexisted harmoniously on the market until Nestlé decided to want the exclusivity of the format. It was in 2002 that the chocolate giant filed a complaint with competitor Cadbury. The second was against Nestlé's position in 2007, the beginning of the legal battle.
Nestle did not acknowledge his intention. In order to win the case in the European Court of Justice, the company had to demonstrate that the shape of its chocolate was a brand icon, recognized in all markets. The Swiss giant has failed to prove that the four bars are synonymous with KitKat in Belgium, Ireland, Greece and Portugal.
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