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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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Here's Drew Hirshfeld being sworn in as @uspto Commissioner for Patents. Read http://t.co/7JQk39jRdo or on the app http://t.co/NpjrtbvLBq

Jul 31 2015 02:10 ·  reply ·  retweet ·  favourite
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Independent review finds IPEC reforms have improved access to justice https://t.co/AUnsMKpIyW via @The_IPO

Jul 31 2015 11:04 ·  reply ·  retweet ·  favourite
ManagingIP profile

Interesting article. "Counterfeiters have become more slippery" https://t.co/lqkZvuDsnh

Jul 31 2015 10:42 ·  reply ·  retweet ·  favourite
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