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

How automotive industry is putting the brakes on NPEs with PTAB petitions & defensive patent aggregators http://t.co/an6Z5ePu8l ($/trial)

Jul 1 2015 03:58 ·  reply ·  retweet ·  favourite
ManagingIP profile

Happy Birthday to James Nurton our Managing Editor! http://t.co/QOYw7KQNEz

Jul 1 2015 02:25 ·  reply ·  retweet ·  favourite
ManagingIP profile

Good luck to everyone taking part in @TheCIPA Battle of the Bands tonight! @GeneratingG @scott_mills @thelexington

Jul 1 2015 02:22 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


INTA Daily News 2015

Read this year's INTA Daily News - published daily by Managing IP direct from the INTA Annual Meeting in San Diego


June 2015

The fine line between abuse and fair use at the PTAB

Hedge fund manager Kyle Bass has outraged the pharma and biotech industries by seeking to invalidate their patents at the PTAB, with some observers linking his attacks to short-selling of company stocks. Michael Loney reports on a controversy that goes to the heart of the US patent system



Most read articles

Supplements