Lookalike chocolate bar might go to Constitutional Court

2015-01-15 09:45

A food company has applied to the Constitutional Court to challenge a ruling which bars it from producing a Kit Kat lookalike.

This was after the Supreme Court of Appeal in Bloemfontein ruled against the manufacturers of the Tiffany Break on the grounds of intellectual property and trademark law, Beeld newspaper reported today.

The International Foodstuffs Co and Iffco South Africa had unsuccessfully appealed to the appeal court for the lifting of an interdict prohibiting them from selling the Tiffany Break.

Their lawyer Lizl Combrinck said in court papers that there was no confusion among the public over the two chocolate bars.

The interdict had been granted in Nestlé’s favour over the shape of the Kit Kat, registered as a trademark.

The appeal court had ruled that the interpretation of the Law on Trademarks and application of intellectual property rights was of great importance to the public, businesses and foreign investors

The appeal court had found strong similarities between the two chocolates, which comes down to losses to Nestlé.

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