Cadbury Schweppes has won the right to fight on in a packaging battle with Australian confectioner Darrell Lea.
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The UK-based confectionery giant has been given the right to appeal a decision that rejected its bid to prevent Darrell Lea from using the same iconic shade of purple as Cadbury in its packaging.
Cadbury has accused Darrell Lea of misleading consumers through the use of the ‘Cadbury purple’. The company claims Darrell Lea’s packaging may lead consumers to associate the two companies.
Last April, a federal court in Australia had dismissed Cadbury’s claims. However, three judges today (21 May) found that expert evidence, found to be inadmissible in the original trial, was pertinent to the case.
“It cannot be said that the disputed evidence is of so little weight that it could not influence the result of a new trial, so as to produce a different result,” the new judgment said.
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By GlobalData
