The Australian Federal Court has ruled against Cadbury Schweppes in a long-running legal battle between the company and Australian confectioner Darrell Lea.
In 2003, Cadbury first took legal action to block Darrell Lea from using the same shade of purple as Cadbury uses in global marketing. It lost the case in April after Darrell Lea successfully appealed. Cadbury today (17 July) lost an appeal against a Federal Court ruling that the company could not own the colour purple.
The court ruled that, despite a similar colour scheme, Darrell Lea was not attempting to pass its products off as Cadbury’s chocolates.
According to local reports, Cadbury’s Australian arm has said that it registered the company’s shade of purple as a trademark in Australia in 2003.
“Cadbury has invested significantly in marketing our products using Cadbury purple in Australia over many years. We won’t compromise on defending our rights,” Cadbury Schweppes corporate affairs director Karina O’Meara said.