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trademark wars

Cadbury and the Color Purple: Nearly a Century of Use Couldn't Trademark It

Posted by Dale Buss on October 4, 2013 07:23 PM

It isn't any easier to trademark the color purple than the color red, apparently. Several months after Louboutin's failed effort to trademark the color red broadly for shoe soles in the US, Cadbury has been knocked down by a UK court over its attempts to trademark the use of purple in its chocolate wrappers.

Cadbury lost its five-year court battle to Nestle over whether Cadbury could register a distinctive shade of purple as a trademark, a specific shade—defined as Pantone 2685C—that it has used on its Dairy Milk bars and other sweets since World War I.

"The mark ... lacks the required clarity, precision, self-containment, durability and objectivity to qualify for registration," one of the judges in the case said, according to The Guardian.Continue reading...

social marketing

Mondelez Finds Added Value in Social Strategy That Performs As Well As TV

Posted by Sheila Shayon on September 25, 2013 02:13 PM

Mondelez International is stepping out of the social quicksand with a bold reshaping of its social media strategy following a trial of a Crème Egg campaign that drove the same purchase consideration through Facebook as on television—for a third of the budget.

The initiative, called “Storytelling at Scale,” is a mash-up of curated content and paid-media to engage a new crop of customers that are not yet brand followers, and signals a shift away from banner adverts to a new model that will increase the circulation of branded content. 

The company's "Have a Fling" Facebook campaign for the chocolate brand reached over 15 million unique consumers, 90 percent of it's target 18-24 demographic and had 5 million active interactions with the campaign, according to the UK's Marketing Week.Continue reading...

brand news

In the News: Walmart, BlackBerry, Costco and more

Posted by Dale Buss on August 9, 2013 09:31 AM

In the News

Walmart greatly expands beer sales.

BlackBerry open to going private, Reuters says.

Costco hailed as "cheapest, happiest company in the world."

Apple and Samsung battle into the next round on patents.

Audi expects to top US sales goal this year.

Best Buy works to get its website up to snuff.

Cadbury uses creative defense in India tax case.

Coca-Cola plots returning Mello Yello citrus soda to national status.

Danone buys fun yogurt brand to add to US expansion.

Elizabeth Arden says orders have evaporated for celebrity perfumes.

Facebook is cautious about video advertising.Continue reading...

chew on this

Could a Mondelez Merger Be in PepsiCo's Future? Nelson Peltz Hopes So

Posted by Dale Buss on July 22, 2013 12:49 PM

Oreos, Fritos, Doritos, Cadbury, Trident and Sunchips all on the same truck as they head to the supermarket? That's a vision of a highly symbiotic, cost-efficient brand and product portfolio and distribution scheme, if you ask Nelson Peltz. He'll be happy to see some other distributor getting the Pepsi into the beverage aisle and the Naked Juice into the refrigerators in the produce department.

That's part of the scenario being sketched by activist investor Nelson Peltz as he presses PepsiCo to spin off its uneven drinks business, then purchase Mondelez International so the two snack giants can combine their stables of diverse and powerful brands both in the US and international arenas. Such a global snack giant would have $70 billion in combined revenue and 17 snack brands that each has more than $1 billion in retail sales.

Peltz said at a recent conference that PepsiCo is at "a crossroads" with a beverage business that was losing market share in soft drinks to CocaCola and to which PepsiCo CEO Indra Nooyi has only recently—and seemingly grudgingly—given more marketing support.Continue reading...

mobile marketing

Mondelez, Google Ink One-Year, Mobile-Only Media Deal

Posted by Sheila Shayon on May 30, 2013 12:38 PM

Two unlikely global titans have partnered on a “mobile only” media deal whose footprint covers 16 countries, from developed markets in North America and Europe to emerging markets in Eastern Europe, Latin America, the Middle East and Asia Pacific.

Mondelez International, the CPG giant behind billion-dollar brands like Oreo and Cadbury, announced today that it has inked a landmark deal with Google: a one-year partnership that will include mobile search, display and websites. While financial terms were not released, the deal will include branded mobile websites, training and mobile capability building, analytics and opportunity to opt in to Google's mobile beta programs.Continue reading...

brand strategy

Mondelez Sees Huge Growth Potential in Snack-Happy Emerging Markets

Posted by Dale Buss on May 7, 2013 12:38 PM

If love is the universal language, snacks may be the universal food. And that's one reason the spinoff of Mondelez International from Kraft Foods last year looks more and more like a good move, at least for Mondelez and its shareholders.

Mondelez's portfolio of global snack brands—ranging from Oreo to Cadbury to Trident—relies on emerging markets for about 40 percent of its revenue right now, and by 2020 the company projects that 110 million households in India, Russia and Brazil will move into the middle class, the socioeconomic stratum where serious snacking begins in most markets because consumers have achieved the economic wherewithal for recreational eating.

"As they do, we believe they'll step up their chocolate consumption by about three times," Bharat Puri, Mondelez's senior vice president of global chocolate, told analysts recently, according to Advertising Age.Continue reading...

brand news

In the News: American Airlines, Deutsche Bank, Google Babble and more

Posted by Alicia Ciccone on March 20, 2013 09:15 AM

In the News

American Airlines defends $20-million severance pay to CEO.

Deutsche Bank forced to restate 2012 profits due to U.S. lawsuits.

Google will package and brand chat services as Babble.

T-Mobile readies "Uncarrier" no-contract pricing plan and proposed board structure, while AT&T introduces no-contract wireless phone service and Sprintlaunches de-branded Android smartphones.

7-Eleven sues 7-SEVEN chain for trademark infringement.

Apple brand found to be less "inspiring" than it was three years ago in new consumer survey.Continue reading...

brand vs. brand

Them's The Breaks: Cadbury Loses Kit Kat Kase

Posted by Mark J. Miller on January 4, 2013 01:03 PM

Candy and chocolate generally bring happiness to most folks, but they also are keeping a few law firms working overtime.

The latest ruling finds Nestle winning a case that Cadbury had brought against it to try and stop the trademarking of the shape of its Kit Kat bars. Cadbury had taken offense at Nestlé’s 2006 trademarking of Kit Kat as “four trapezoidal bars aligned on a rectangular base.”

After all, as TheHindu.com notes, Cadbury has its own similar chocolate bar, the Crispello, which has a “creamy centre, wrapped in a delicate crispy shell, covered with a delicious layer of Cadbury chocolate.”

But sorry, Cadbury. This time, you lose. Cadbury’s legal team will just have to remember how sweet it felt to beat Nestle recently in a battle over the color purple.Continue reading...

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