Nestle loses case against 'Kit Kat'-like chocolate bar

Reuters

Posted at Dec 01 2014 10:34 AM | Updated as of Dec 01 2014 06:34 PM

SINGAPORE - Singapore's High Court has ruled in favor of a local food-maker that Nestle SA said infringed its intellectual property rights over a chocolate wafer product, a Singapore newspaper reported on Saturday, citing the judgment.

The Business Times said Swiss food giant filed a suit in 2012 claiming that "Take It" - a series of rectangular-shaped wafer products made by Petra Foods Ltd. - infringed on Nestle's trademark rights and copyrights.

According to the newspaper, Justice Chan Seng Onn on Friday said such claims failed, and ruled in favor of Petra's counterclaim to invalidate Nestle's trade mark registrations for the shapes of Kit Kat bars.

"Imitation is no less a valid business strategy than innovation. There is nothing unconscionable about competition. Even if the defendants did copy, it is not wrong unless such copying impinges the plaintiffs legal rights," Chan said in the ruling, according to Business Times.

Singapore-listed Petra Foods produces and sells chocolate products mainly for the Southeast Asia market. As of Friday, its market capitalisation was S$2.33 billion ($1.79 billion). Petra's brands include Delfi, Goya, Knick Knacks and SilverQueen.