Singapore Court of Appeal rules in favour of Delfi in chocolate wafer trademark case

Mainboard listed chocolate confectionery company Delfi announced on Tuesday (Nov 29) that the Singapore Court of Appeal dismissed an appeal by Nestle.
Mainboard listed chocolate confectionery company Delfi announced on Tuesday (Nov 29) that the Singapore Court of Appeal dismissed an appeal by Nestle. PHOTO: ST FILE

SINGAPORE - Mainboard listed chocolate confectionery company Delfi announced on Tuesday (Nov 29) that the Singapore Court of Appeal dismissed an appeal by Nestle, to allow its trademark registration for the shape of its famous Kit Kat bars to remain on the trademarks register.

Nestle had previously filed a suit against Delfi and its Delfi Singapore unit, claiming that the shape and packaging of Delfi's two and four finger chocolate wafer, known as Take-it has a shape similar to the Kit Kat.

In April 2014, Delfi had filed a counterclaim to invalidate Nestle's registered trademarks for the shapes. It won this counterclaim in November that same year.

The High Court had declared Nestle's registered shapes invalid, and ordered the registrations to be removed from the trademarks register.

Nestle promptly appealed against the High Court decision.

The two firms have been granted leave to provide written arguments on Delfi's counterclaim for groundless threats of trademark infringement, within two weeks of the judgment.