The Kit Kat shape mark opinion in the EU - #sandtondiscussion

Monday's discussion takes us north to the Court of Justice of the European Union which provided its opinion this week on whether the shape of Nestle's almost century old Kit-Kat bar is registrable as a trade mark. There's more to it then that (there always is) and there is also the recent SCA judgment in South Africa upholding rights in the famous three dimensional wafer, which has seemingly contradicted a line of English decisions on the point. Why is this so? Find out on Monday.

The case discussion, coordinated by Lita, is being lead by John Ndlovu and we have a special guest appearance from leading UK firm Stobbs to give some context from a European perspective. All in all it should be a good discussion between 9am-10am CAT on Monday 15th. As usual you can follow the discussion or tweet in questions using the hashtag #sandtondiscussion on twitter.

Some action from this last Monday's discussion:

Copyright is driving innovation in dictionaries. People are afraid of infringement #sandtondiscussion

— Maureen Thuto Makoko (@MaureenThuto) June 8, 2015

2. Questions as to originality of example sentences in dictionaries @afroip #sandtondiscussion @nicrosslee

— Ian Learmonth (@IanLearmonthZA) June 8, 2015

@nicrosslee issue 1 - the requesting of a final interdict, an interesting strategy to take #sandtondiscussion

— john ndlovu (@john_moshe) June 8, 2015

1. the judgment provides a fantastic insight the creative landscape particularly where and when copying may be justified. #sandtondiscussion

— Brother Nic (@nicrosslee) June 8, 2015