Bittersweet decision for Mars but Cadbury settles purple dispute
17 December 2009
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...
Only subscribers have complete access to Managing IP Magazine,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial