An applicant for a trade mark based on acquired distinctiveness must prove that that mark alone (as opposed to any other mark present on the product) identifies the origin of the goods or services. So said the Court of Justice of the EU in a dispute between Nestlé and Cadbury over the shape of the Kit Kat bar
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Andrea Stone explains how her in-house experience gives her a unique perspective, and why Ballard Spahr’s combination with Lane Powell made it an ideal time to join