www.asianexpress.co.uk
October 2013 - 2nd Edition
Business
37
End of the Purple Reign I
“We do the best Halal gourmet burgers around” By Ashley Grint ashley@asianexpress.co.uk
W
ith a host of delectable halal gourmet burgers on offer, Leeds based Foodie is fast becoming one of the top eating hotspots in the city. Every order is handmade with only the finest local ingredients, whilst competitive prices ensure you get restaurant quality meals at takeaway costs. Specialising in gourmet burgers, the mini ‘works of art’ are flame grilled, using 100% certified halal meat, minced in-house, before being placed in a fresh bread bun with a host of additional features available. Chicken burgers are also crafted using only halal produce, whilst vegetarians can opt for the healthy bean burger option, which is topped with melted cheddar, spicy jalapenos, chilli habanero jam, salad & mayo. Specialist pizzas are also made from
In a previous article, we looked at the case of Société des Produits Nestlé SA – v- Cadbury UK Ltd (2012), in which the High Court allowed Cadbury’s application to register as a trade mark the particular colour purple that has become associated with their brand. That decision has now been overturned by the Court of Appeal. Under the Trade Marks Act 1994, a trade mark cannot be registered if it does not satisfy certain prescribed requirements, including that it must be a ‘sign’ and be capable of being represented graphically. A trade mark can also not be registered if it is devoid of distinctive character, unless before the date of the application for registration it had in fact acquired a distinctive character as a result of the use made of it. Cadbury had originally applied to register the trade mark and the Intellectual Property Office (“IPO”) had approved the application on the basis of the evidence of distinctiveness acquired through use of the mark. Nestlé opposed the application, but the IPO hearing officer approved the use of the trade mark on the basis of the evidence which proved use of the colour purple on Cadbury’s Dairy Milk since 1914. Nestlé appealed to the High Court on the grounds that the mark was not a sign capable of being represented graphically as required by the Trade Marks Act and so was not registerable as a trade mark. The High Court held that as a matter of EU law, single colours were capable of
scratch within the kitchen, following a unique secret recipe to ensure Foodie brings a touch of Italy to Yorkshire. Owners, Emran and Mr Lee, pride themselves in their food and insist there is nowhere quite like Foodie in the whole of the city. “We make everything ourselves here and you really can taste the difference,” Mr Lee explains. “From the burgers to the pizzas, and right down to the garlic butter for the ciabattas, we do it all in house so everything the customer receives is fresh on the day. “All our food is up to restaurant quality and the feedback we get from our customers is fantastic and we value it so much. “There is something for everybody here and we invite foodies to come down and see for themselves why we have a six star rating on JustEat.” Located on Roundhay Road, the eatery is a stone’s throw from the city centre and whilst delivery is also available from 12pm every day.
“From the burgers to the pizzas, and right down to the garlic butter for the ciabattas, we do it all in house so everything the customer receives is fresh on the day.”
Foodie 202 Roundhay Road, Leeds, LS8 5AA Tel: 0113 240 6774 Monday-Sunday 12pm-11pm
Please contact Luke Patel on 0113 227 9316 or by email at LPatel@LawBlacks.com
being ‘signs’ for the purpose of the trade mark legislation. The Court were satisfied that the colour purple was associated with Cadbury’s chocolate by the public and therefore Cadbury were able to register their trade mark. Nestlé appealed to the Court of Appeal on the basis that the mark applied for by Cadbury did not fulfil the criteria that a trade mark must be a ‘sign’ and be ‘graphically represented’. The Court of Appeal agreed and overturned the decision allowing the registration of the trade mark. The Court found that the trial Judge had erred in principle and had misinterpreted the verbal description of the graphic representation of the mark. Cadbury’s application covered the registration of a shade of colour plus other material and was not therefore an unchanging application of a single colour. In the circumstances, the Court of Appeal was not satisfied that the mark constituted a ‘sign’ that was ‘graphically represented’. The lack of certainty which would be created gave sufficient reason for the decision to be overturned. The Court took the view that allowing registration of the mark would “offend against the principle of fairness by giving a competitive advantage to Cadbury and by putting Nestlé and its other competitors at a disadvantage”. We at Blacks can advise and assist with trade mark applications and any disputes arising.