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Friday, October 05, 2012

A FRUIT AND NUT CASE

Capitalism is a social system based on class ownership and sections of the owning class are always in disputes over this ownership. They have legal battles sometimes leading to military battles over the ownership and access to sources of raw materials and markets. Recently there has been a legal dispute over the ownership of a particular colour. "Is chocolate the first thing you think of when you see Pantone 2685C? It might be if I tell you that it is the technical name for Cadbury Daily Milk's distinctive purple. And it does indeed "belong" to Cadbury, after a decision in the High Court yesterday that the confectioner's purple packaging constitutes a trademark." (Times, 2 October) This dispute arose over Cadbury's rival Nestle objection to Cadbury registering the colour as a trademark in 2004. Nestle had already lost in 2008 but decided to appeal the judgement of the Registrar of Trade Marks. Only capitalism with its emphasis on ownership could have highly trained legal minds battling for years over who "owns"a colour. Madness. RD

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