Cadbury Schweppes is seeing red over the color purple.
The Australian branch of the confectionary and beverage giant on Friday lost a court bid to ban a local competitor from using purple in its packaging and marketing.
The ruling is the latest round in British-based Cadbury's long-running bid to gain commercial control in Australia of the color that is wrapped around many of its products, from candy bars to cocoa tins.
Cadbury Schweppes Pty. Ltd. had claimed in Federal Court that purple was integral to its image and that its use by family-owned Darrell Lea Chocolate Shops Pty. Ltd. was misleading and deceptive conduct that could cause customers to mistakenly grab the wrong chocolate bar.
Judge Peter Heerey said he was not persuaded that Darrell Lea's use of purple in window displays and packaging was an attempt to pass its products off as those of Cadbury. He said the company had not broken the Trade Practices Act. |