Chocolate Forum

Chat => General => Topic started by: chocadmin on February 05, 2005, 10:22:13 pm

Title: Have a break
Post by: chocadmin on February 05, 2005, 10:22:13 pm

So what are peoples opinions on the further legal problems regarding Nestle's attempts to trademark the phrase 'have a break'.

A few details here: http://www.creativematch.co.uk/viewNews/?90543



The situation now is that nestle has to prove that people automatically
associate have a break with kitkat/nestle and don't simply 'wonder' if
it's from them.



I can't think of any particular reason for using that phrase apart from
talking about kitkats, but then most of us here are chocolate
obsessives , and why was it Mars who
objected in the first place? (surely they can't believe that blocking
it would have any significant effect on their position in the
marketplace)

Title: Have a break
Post by: salsa on February 05, 2005, 10:49:39 pm

Blocking it is publicity to both innit, unfortunately I have a pretty downbeat view on things like this, its all just chess.

Title: Have a break
Post by: on February 06, 2005, 12:54:01 pm

As I see it. It is a question of branding and language.  If Nestles trade mark it, presumably Mars, Cadbury's or whoever cannot subsequently use the phrase in association with their own products.  

The KitKat is certainly a powerful brand and as much as anything else in the British public conscience this must rank high amongst iconic symbols and hosehold names, like say, Hoover and Sellotape.  But does mean that ordinary words associated with the brand automaticaly assume the same status?  I think not.

It reminds me of the Kellogs slogan, 'The best to you'.  I assume this was trade marked.  However this has a rather odd sentence structure and isn't likely to be used in every day speech.  Conversely, I would say that 'Have a break' is too common in linguistic senses to be trade marked and I hope Nestles lose because they've wrecked a fair chunk of my favourite chocolate and don't deserve to win.

Title: Have a break
Post by: salsa on February 06, 2005, 01:06:11 pm

But who doesn't call their hoover, regardless of its make a hoover. We have a bloomin Dyson which when we purchased it was twice the price of any hoover on the market, yet its still a hoover.

Title: Have a break
Post by: on February 06, 2005, 01:12:43 pm

Exactly, but that's a Brand.  The question is, can Nestles effectively make the words 'Have a Break' a brand?

Title: Have a break
Post by: oldspice on February 06, 2005, 02:05:06 pm

No, they can't. They can trademark the words so that no other company can use them in connection to a similar product but they can't force me to think of KitKats when I hear that phrase.

Title: Have a break
Post by: on February 06, 2005, 07:05:51 pm

That's the crux of the matter then.  If you want to to trademark a phrase it has to be so remarkable and unusual that it is inextricably linked with a brand.  In this case I don't think the case is proven.  

Title: Have a break
Post by: kevvosa on February 07, 2005, 03:27:49 pm

If it was "Have a Break have a kitkat" then I would understand. But Have a Break on its own is simply not enough. 

Title: Have a break
Post by: smurfboy on February 07, 2005, 05:18:25 pm

How silly all this is - it's just Mars trying to get one over on Nestle. Why can't we all love one another in the name of chocolate?

Title: Have a break
Post by: on February 07, 2005, 07:36:29 pm

Have a break?

Get a life Nestle.

Where is my f**king Golden Cup?

Bastards!!!!!!!!!!!!!!!!!!!!!!!!!!

Title: Have a break
Post by: on February 07, 2005, 07:37:24 pm

I'm sorry. I have a cold and I am grouchy.

Title: Have a break
Post by: goldencup on February 07, 2005, 09:05:30 pm

Title: Have a break
Post by: kevvosa on February 07, 2005, 09:51:05 pm

Quote from: smurfboy

How silly all this is - it's just Mars trying to get
one over on Nestle. Why can't we all love one another in the name of
chocolate?

Nestle and Mars are always arguing and going to court with each other.
It's little known but it's true. Nestle once tried to trademark the
hole in their Polo mints!

Title: Have a break
Post by: salsa on February 07, 2005, 11:11:10 pm

Everyone likes to make nestle the big nasty company, they are turning into an underdog

/me eats her golden crumble and is proud

Title: Have a break
Post by: oldspice on February 08, 2005, 08:12:36 am

I don't like Nestle. nasty, cheap chocolate, global parasites, third-world slave masters ... I could go on.

Title: Have a break
Post by: on February 08, 2005, 08:32:01 am

Title: Have a break
Post by: goldencup on February 08, 2005, 02:46:06 pm

Bring back Rowntree Mackintosh!

Title: Have a break
Post by: kevvosa on February 08, 2005, 04:02:48 pm

Quote from: salsa

Everyone likes to make nestle the big nasty company, they are turning into an underdog

/me eats her golden crumble and is proud

They ARE a big nasty company. They're actually bigger than Cadbury's in
global terms. They were wanting to buy the Hershey company once.

Title: Have a break
Post by: on February 15, 2005, 04:04:09 pm

Quote from: goldencup

Bring back Rowntree Mackintosh!

If only life was so simple.

Golden Cup [the bar!]

 R.I.P.