Break brand owner IFFCO hopes to expunge Nestlé’s trademarks for the two and four finger wafer shape in an appeal case.
The North Gauteng High Court ruled on 28 November 2013 that United Arab Emirates firm IFFCO was not passing off its Tiffany Break brand in contravention of Nestlé’s trademarks on the 2-finger and 4-finger wafer - but it refused to expunge the Kit Kat trademarks. Nestlé has appealed the case to South Africa’s Supreme Court of Appeal.
IFFCO’s legal director S Gnanaguruparan told this site that his company would appeal the High Court’s decision not to annul Nestlé’s trademarks. It also hopes to uphold the decision to dismiss Nestle trademark infringement claims
Gnanaguruparan said the appeal would likely be heard in the Supreme Court of Appeal of South Africa later in 2014 or early 2015.