Mummery LJ

An appeal with a hole in the middle

In dismissing Nestlé's appeal against a decision rejecting its application for registration of the shape of its Polo mint as a trade mark, Mummery LJ is alleged to have uttered (though this utterance was not reported):

‘This is an appeal concerning Polos, the mint with the hole in the middle. This is an appeal with a hole in the middle. It is dismissed.’

Citation: Société des produits Nestlé SA v Mars UK Ltd [2004] EWCA Civ 1008
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