Chocolate Giants Fight For Their Rightto Purple
Arguably the most prominent brands in the world are defined by their colours; think of Coca-Cola’s enticingly brilliant red and McDonald’s famous golden arches. These companies, like many others, cleverly and strategically use colour in their logo, website and packaging to appeal to their customers and cement brand recognition.
Last week, news came that Cadbury has won exclusive rights to a particular shade of purple following a lengthy four year court battle against competitor Nestlé (just in case you were thinking purple might be nice for your brand, avoid Pantone 2685C, otherwise you will face a lofty fine and a very grumpy letter from Cadbury!). The company adopted the colour in 1905, asserting that its regal associations would convey that eating its chocolate was a rich and indulgent experience.
Despite the win, this isn’t the first time the iconic chocolatier has had to launch legal action to protect their brand. Back in 2003, in a bid to sue Australian-based confectioner Darrell Lea over its use of similar colours, Cadbury was deemed to have no exclusive claim to the colour. Justice Heerey who presided over the colour battle decided, “Cadbury does not own the colour purple and it does not have an exclusive reputation in purple in connection with chocolate”.
Some people think that being able to trademark a shade of a colour is ridiculous, still, for Cadbury and others following suit it represents protection of vital marketing assets and reinforces brand recognition. If a competing brand decides to use a similar palette it can dilute the power of the identity, so Cadbury's decision to patent their purple is a clever one. It does set a bit of a worrying precedent though; colour is a powerful marketing tool and having to make sure you don't use a certain shade because its 'owned' by another brand can limit creative choice.
Cadbury’s victory over Nestlé is not just a matter of brand identity, for the chocolate pioneers it symbolises historical consistency. Building a brand around a colour represents more than just a corporate label; it encompasses what your brand stands for, in the case of Cadbury, this is elegance and sophistication. Tiffany’s Robin’s Egg Blue and Christian Louboutin’s China Red sole are all safe for now. However, what companies need to remember is that it takes more than lawyers, ink and pixels to connect a colour to a brand. It takes hard work, dedication and consistency to ensure that your brand is worth fighting for!
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