ARTICLE
17 April 2014

Nobunny Knows Trademarks Like Cadbury (Video Content)

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Stites & Harbison PLLC

Contributor

A full-service law firm representing clients across the United States and internationally, Stites & Harbison, PLLC is known as a preeminent firm managing sophisticated transactions, challenging litigation and complex regulatory matters on a daily basis.  The firm represents a broad spectrum of clients including multinational corporations, financial institutions, pharmaceutical companies, health care organizations, private companies, nonprofit organizations, and individuals. Stites & Harbison has 10 offices across five states.
You may have noticed a "very unusual kind of egg" in your grocery store. It is only available between New Year’s Day and Easter. It is wrapped in colorful foil.
United States Intellectual Property

You may have noticed a "very unusual kind of egg" in your grocery store. It is only available between New Year's Day and Easter. It is wrapped in colorful foil. And it is laid by a bunny:

The Cadbury Creme Egg is one of the most popular chocolate candies in the world. In the United Kingdom, it is the best-selling confectionery item between New Year's Day and Easter, with annual sales in excess of £200 million and a brand value of approximately £55 million (source).

Creme Eggs are made by Cadbury UK in the United Kingdom, and they are made by The Hershey Company under a license in the United States. Until recently, it was assumed that the UK version and American version were identical until actor/comedian B.J. Novak (The Office, Saving Mr. Banks) pointed out that American Cadbury Creme Eggs are smaller in size on Late Night with Conan O'Brien:

That's right, America. UK Creme Eggs contain 180 mouth-watering calories (source), while American Creme Eggs contain a paltry 150 calories (source).

Another fun fact about Cadbury Creme Eggs is that they are protected by a variety of trademarks, including word marks:

  • CADBURY, U.S. Reg. No. 65,081, for chocolate; and
  • CREME EGG, U.S. Reg. No. 3,208,337, for chocolate confectionary;

Two stylized marks:

And registered trade dress in color and black/white:

If you need an excuse to enjoy some delicious Creme Eggs this Easter season, then consider the valuable trademark lessons that can be learned. You want to protect your house mark, your brand mark, your logo, and the trade dress (in color and black and white). By protecting your trademarks like Cadbury, you will be well on your way to building a brand that will stand the test of time.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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