Give me a break – Kit Kat reference setting the bar too high on factual distinctiveness for shape marks?

Before we hit the law-talking stuff, I’ll declare an interest: I’m a bit of a fan of the Kit Kat. I would recognize one without its packaging, and I am quite confident that I would recognize one if I was blindfolded. Oh, and the branding around the humble Kit Kat has resulted in some of read more…