The boy who cried wolf may be right this time. Just look at the amount of species with just a few hundred animals left. Even if they recover, a fully healthy population is difficult with low genetic diversity. Look at the amount of species with only one habitat left. Single points of failure inevitably lead to disaster.
I don't think that it should be possible to trademark the shape. For one, there are just a few practical ways to make a chocolate snack, and all varieties have been used up. Besides that, brand recognition is more than just the shape. I could imagine that a red wrapper in combination with the 4 bars could be trademarked, each individual part should not.
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Look at the amount of species with only one habitat left. Single points of failure inevitably lead to disaster.
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