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NESTLE

Norway’s Kvikk Lunsj beats KitKat in EU courts

Norway's Kvikk Lunsj bar has won the right to remain on sale in the UK, after it won a legal battle with the makers of KitKat, who had attempted to trademark the four finger bar concept.

Published: 17 September 2015 20:51 CEST
Norway's Kvikk Lunsj beats KitKat in EU courts
A Kvikk Lunsj snack laid out during summer hiking trip. Photo: Kvikk Lunsj/Facebook

The feud between Nestlé, which makes KitKat, and Mondelēz International, the makers of Kvikk Lunsj, began in 2010, when Nestlé first attempted to trademark the shape of its four-finger KitKat chocolate bar in the UK.

Mondelēz disputed the application, arguing that Kvikk Lunsj, which was created in 1937, also had a four finger appearance, and could be found in some UK shops. 

 

Norwegians consume an average of nine Kvikk Lunsj bars a year, three of which are consumed at Easter, when Norwegian families traditionally go off on cross-country skiing trips, fuelled by Kvikk Lunsj calories.

Rowntree's began making a four-finger bar in 1935, but called it “Rowntree's Chocolate Crisp”, only renaming it “KitKat Chocolate Crisp” in 1937.

On Wednesday, the European Court of Justice ruled that the appearance of KitKat's chocolate covered wafers was not distinct enough to trademark.

The EU judges noted that the trademark Nestlé is seeking differs from the actual product because it shows only a picture of the bar and omits the embossed word “KitKat” and sections of its oval logo.
 
“The trade mark applicant must prove that the relevant class of persons perceive the goods or services designated exclusively by the mark applied for, as opposed to any other mark which might also be present, as originating from a particular company,” it said in its ruling.

In a few months time the case will return to the UK's High Court, whose judges will decide if Kvikk Lunsj will remain on sale in the UK.

“It is up to the British courts to decide, on the basis of this response, if the form of KitKat chocolate bars can be registered as a trademark or not,” the EU court said in a statement.

For now, Kvikk Lunsj loving Brits can breath a sigh of relief, if they can find the product in a UK shop that is. 

NESTLE

‘Unlimited resources’: Switzerland’s Nestle goes vegan

Swiss food giant Nestle, which has made billions with dairy products, said Monday it will host start-ups that want to develop vegetarian alternatives.

Published: 29 September 2020 15:33 CEST
'Unlimited resources': Switzerland's Nestle goes vegan
Photo: SEBASTIEN BOZON / AFP

Nestle could thus find itself at the forefront of a sector that has strong growth potential, an analyst commented.

It plans to open its research and development (R&D) centre in Konolfingen, Switzerland to “start-ups, students and scientists” a statement said.

In addition to testing sustainable dairy products, the group plans to encourage work on plant-based dairy alternatives, it added.

Chief executive Mark Schneider was quoted as saying that “innovation in milk products and plant-based dairy alternatives is core to Nestle's portfolio strategy.”

The group unveiled a vegetable-based milk that had already been developed with the process, and technical director Stefan Palzer told AFP it planned to focus on 100-200 such projects a year.

Jon Cox, an analyst at Kepler Cheuvreux, noted that while Nestle had missed some consumer trends in the past, it has now “taken something of a lead in the plant-based alternative market for food”.

And “given its pretty much unlimited resources, Nestle is going to come out one of the winners in the space,” Cox forecast in an e-mail.

Nestle said that “internal, external and mixed teams” would work at the R&D centre over six-month periods.

Nestle would provide “expertise and key equipment such as small to medium-scale production equipment to facilitate the rapid upscaling of products for a test launch in a retail environment,” it added.

The Swiss food giant has long been known for its dairy products, but faced a boycott in the 1970s for allegedly discouraging mothers in developing countries from breastfeeding even though it was cheaper and more nutritious than powdered formula.

On Monday, the group's statement also underscored that the research initiative was part of its commitment to help fight global warming.

“As a company, we have set ambitious climate goals. This is part of our promise to develop products that are good for you and good for the planet,” it said.

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