The latest in long-running battle of the chocolate giants. The result can’t be a surprise. The Kit-Kat bar shape is distinctive but the question is what it communicates on its own to consumers. It’s possible to distinguish from the different outcomes in Toblerone and Coca-Cola (bottle). Nestle had quite separate “design rights” for the shape but they expired some time ago. Check out Arnold J’s Judgment – interestingly critical comments on the CJEU’s handling of the questions of law he referred up to it (eg Para 48).