InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Bittersweet decision for Mars but Cadbury settles purple dispute

Peter Ollier, Hong Kong


Australians overindulging this Christmas can eat Maltesers and the full range of Darrell Lea and Cadbury chocolates, but may have to wait till next year to sample Malt Balls

On December 11 the Full Federal Court dismissed an appeal by Mars Australia against an earlier Federal Court decision that the packaging of Sweet Reward’s chocolate malt balls did not mislead consumers.

Earlier this year Cadbury and Darrell Lea confidentially settled a long-running legal battle that included disputes over trade mark registrations for the colour purple for chocolate and a passing off case.

In the first dispute, Mars accused Sweet Rewards, which was selling Malt Balls in discount stores, of passing off and misleading and deceptive conduct and accused the retailer of infringing two registered packaging trade marks for Maltesers.

In June this year Justice Perram of the Federal Court of Australia stated that “it is highly unlikely that any ordinary consumer of chocolate confectionary could...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

RT @ipcrimegroup: Counterfeit alcohol seized from Notting Hill Carnival http://t.co/aEBtEIpS7E

Sep 1 2015 11:52 ·  reply ·  retweet ·  favourite
ManagingIP profile

Denis Khabarov of Baker McKenzie at #MIPShanghai: Invalidity not defense in Russian infringement cases bc issues decided in different fora.

Sep 1 2015 08:37 ·  reply ·  retweet ·  favourite
ManagingIP profile

Even though so-called patent trolls are believed to be a largely US issue, Chinese in-house at #MIPShanghai have questions and concerns.

Sep 1 2015 08:23 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


September 2015

The seven disruptors that are changing IP practice

The IP legal market is changing. In-house counsel want more for less, technology is commoditising work processes and the partnership track is becoming less attractive to growing numbers of lawyers. Emma Barraclough considers the influences that are reshaping the market. Plus: those shaping the changes make their predictions for the future



Most read articles

Supplements