Bittersweet decision for Mars but Cadbury settles purple dispute
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
Rewards chocolate malt balls did not mislead
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
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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