UAE-based International Foodstuffs Co. has lodged an appeal with South Africa’s Constitutional Court challenging a ruling its Tiffany Break bars impinge Nestle’s Kit Kat trademark.
Nestle and IFFCO have been involved in a legal wrangle in South Africa that, most recently, saw the Supreme Court of Appeal in Bloemfontein rule against the Tiffany Break maker on the grounds of intellectual property and trademark law. That followed a previous ruling in IFFCO’s favour from South Africa’s North Gauteng High Court.
The dispute centres on whether IFFCO’s Tiffany Break two- and four-finger chocolate and wafer bars breach Nestle’s trademarks for Kit Kat. The Swiss food giant has registered the shape of a Kit Kat as a trademark. IFFCO has argued there is no confusion between the two products.
A spokesperson for Nestle told just-food: “Nestle South Africa is aware that this matter has been referred to the Constitutional Court and, as standard practice, we do not comment on cases that are ongoing.”
IFFCO did not immediately respond to requests for further comment.