Bloomberg
reports that Judge Richard Arnold, who is overseeing the case, today looked to the European Union Court of Justice in Luxembourg for guidance on EU law.
"Certain aspects of the relevant law remain unclear," Arnold
said. "I have decided it is necessary to seek clarification of the law from the Court of Justice of the European Union in order to determine the (dispute)."
The move by British chocolatier Cadbury is the second chapter of an ongoing feud between it and its Swiss rival Nestlé. In October of 2013, Cadbury
lost a five-year battle in which it tried to trademark the purple colour of its chocolate-bar wrappers.
The KitKat dispute, meanwhile, has been ongoing since 2010, when Cadbury moved to block Nestlé's trademark of the shape of KitKats, which have apparently barely changed shape since they first sold in the UK in 1935. Nestlé bought Rowntree & Co., the inventors of the KitKat, in 1998, and apparently owns the trademark to the KitKat's shape in the rest of Europe, just not the United Kingdom.
Only time will tell if Cadbury can successfully break off a piece of Nestlé's KitKat bar.
