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Chocolate

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Chocolate

Postby Russell » Fri Jun 05, 2015 5:32 pm

Kitkat are trying to protect the shape of a kitkat. Is this going too far?

Legal/Chocolate Factoid: The Elephant mans mum is the only person to ever be arrested for stealing Woolworth's pick n mix twice on the same day.

What is your favorite chocolate?
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Re: Chocolate

Postby atticus » Fri Jun 05, 2015 6:23 pm

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Re: Chocolate

Postby Russell » Fri Jun 05, 2015 6:31 pm

That I can more agree with because its a case, its visual. But the shape of the food unless highly distinctive then I can't see that it should be allowed. Also, the shape of chocolate alters the taste, with a good example being milky bar.
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Re: Chocolate

Postby Russell » Fri Jun 05, 2015 6:34 pm

How much is TV advertising compared to lawyers fees? I think this might be the answer because a kit-kat's shape isn't anything special. I don't like Kit-kat anyway and its very rare for me to say anything bad about chocolate. In fact this is a first.
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Re: Chocolate

Postby shootist » Fri Jun 05, 2015 8:04 pm

It won't matter what the shape is soon. Chocolate is a known psychoactive substance and as such soon to be declared illegal. :twisted:
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Re: Chocolate

Postby 3.14 » Fri Jun 05, 2015 9:27 pm

Russell wrote:Legal/Chocolate Factoid: The Elephant mans mum is the only person to ever be arrested for stealing Woolworth's pick n mix twice on the same day.
Not true. I arrested many people in Woolworths stealing pick n mix on the same day.
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Re: Chocolate

Postby Russell » Fri Jun 05, 2015 10:12 pm

Really? Well you just think you have a grasp on reality and this happens!
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Re: Chocolate

Postby Russell » Fri Jun 05, 2015 10:15 pm

shootist wrote:It won't matter what the shape is soon. Chocolate is a known psychoactive substance and as such soon to be declared illegal. :twisted:


It would be very interesting to see what would happen. I'm sure it would create a bigger illegal trade than all the current drugs together. I know I'd serve time for anything apart from a kit-kat.
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Re: Chocolate

Postby dls » Sat Jun 06, 2015 4:32 am

I would be surprised if Kit Kat had not TM's the shape some time ago. Same also for Toblerone. Shapes and colours, and sounds and smells have been registerable for 20 years.
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Re: Chocolate

Postby shootist » Sat Jun 06, 2015 7:11 am

IIRC there has been a case under the Copyright Designs and Patents Act concerning a vase designed and marketed by an exclusive organisation (something like Versace, but not them I think) that was duplicated by a major distributor (Something like Homebase, but not them I think) which was settled in favour of the original designer. No 'registration' was required. I seem to remember also that Toblerone have protected their chocolate bar shape, whether by some sort of Trademark action or by determined civil action under the CD&PA.
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