Trademarking a colour

Cadbury has lost a five year long court battle in which the company attempted to trademark the colour.

The particular shade of purple (apparently defined as "Pantone 2685C) has been used by the company for almost one hundred years for its signature dairy milk bars.

The judgement that would have allowed no other competitors to use this particular shade was finally overturned by lawyers from the rival company nestle. Cadbury argued that this trademark would not give them a competitive advantage as there were so many other colours available. The appeal court did not rule that colours could not ever be a trademark, but Cadbury's definition of the "predominant colour" on its packaging was far too unspecific, on account of the fact that they weren't attempting to register one particular colour, but all the shades of purple used in the wrapping of the chocolate. Sir John Mummery, one of the three appeal judges, said that "The mark applied for thus lacks the required clarity, precision, self-containment, durability and objectivity to qualify for registration."

Personally I find the idea that it is even possible to trademark a colour ludicrous, but I suppose it depends on the context.

What do you think?