Another purple chocolate trade mark case? Milka threatens legal action

For trade mark enthusiasts this may seem like Déjà vu!

Confectionary giant Mondelez has taken a legal stand and threatened to take action against a London based snack company over the use of the colour purple.

The company in question is Primal Pantry who have released a vegan cocoa bar in lilac packaging.

Mondelez have taken issue with this and claims that the packaging is too close to the colour of their Milka brand and therefore infringes their trade mark.

Mondelez had made contact with Primal Pantry and claimed that the use of the colour should cease or it is liable for damages of £5200 each time the trade mark is breached.

The vegan company has hit back and stated that they don’t believe the packaging is at all similar to Milka, not in design or colour. They have not changed their packaging as they state that no evidence has been provided of the confusion between the colours.

Colour trade mark cases in the past have been a rollercoaster ride so please do keep your eye on the blog for any updates on this case as it progresses- remember to have snacks at the ready!

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