Nestle filed a case against Petra Foods in Singapore for trademark infringement of its Kit Kat brand

Nestle filed a case against Petra Foods in Singapore for trademark infringement of its Kit Kat brand

Nestle has lost a case against Petra Foods in Singapore alleging the local confectioner's Take It chocolate wafer product infringed its intellectual property rights.

The Swiss food giant had filed the case against Petra in 2012 claiming the Take It product infringed its trademark rights and copyrights.

A local newspaper said on Friday (28 November), Justice Chan Seng Onn of the High Court in Singapore ruled in favour of Petra's counterclaim to invalidate Nestle's trademark registration for the shape 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 is quoted as saying in the ruling, according to Business Times.

Speaking to just-food today, a spokesperson for Nestle said: "We are very disappointed by the Singapore High Court decision, which comes after having had a positive ruling on the same point from the South African Supreme Court. Further, the UK High Court draft judgement, which the Singapore High Court mentioned, is under referral to the European Court of Justice on points of law for decision in the course of 2015. 

"We have not yet fully analysed the Singapore decision but we will in all likelihood appeal it."