Confectionary giant Cadbury Schweppes is fiercely protective of its ‘Cadbury Purple’, or Pantone 2685C as it is known at the Patent Office. The company adopted the colour in 1905, thinking that its regal associations would send out the message that eating its chocolate was a rich and indulgent experience.
In Australia, the chocolate maker alleged that since 2001, Darrell Lea has consistently used a colour bearing a “striking and obvious” likeness to “Cadbury Purple” in its signage, badging, wrapping, store fit-out and point of sale facilities but In April last year, a Federal Court judge dismissed Cadbury’s claim.
Justice Peter Heerey found Cadbury did not own the colour purple and Darrell Lea’s use of the colour was not likely to convey to the reasonable consumer that it was associated with its rival.
However, three Federal Court justices in Melbourne today allowed Cadbury’s appeal and ordered a new trial at the same court.
Read the story at news.com.au
