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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...


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Analysis from @twobirdsIP of yesterday's #UKSC judgment in Servier v Apotex (re cross-undertaking in damages) #patent http://t.co/SuonRsSknI

Oct 30 2014 05:43 ·  reply ·  retweet ·  favourite
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Archiving ahead of office move #throwbackthursday Hopefully we will soon be paperless! http://t.co/wqZiLdJYIf

Oct 30 2014 04:40 ·  reply ·  retweet ·  favourite
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Plus ça change ... Old covers on trolls, cost savings, US reform & EU forum shopping #clearout #throwbackthursday http://t.co/hZIvLDRHOF

Oct 30 2014 03:25 ·  reply ·  retweet ·  favourite
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