Friday, 6 February 2009

Purple is the colour

According to a number of reports on the Internet, including this one from Australian Food News, Cadbury's have failed in an attempt to prevent confectioner Darrell Lea Chocolate Shops Pty Ltd (established, it seems, in 1927 or perhaps earlier) using purple as part of its corporate style.  (Funny, the website doesn't look purple, more like magenta.)

The report indicates that Cadbury's are not getting very far, although the appeal was only on one point to do with judicial impartiality.  The claim is brought under the Trade Practices Act, and Cadbury's haven't yet managed to register the colour purple as a trade mark in Australia although they are getting close to doing so - for chocolate, though that's probably enough to give protection against what Darrell Lea is doing: but presumably even if Cadbury get the registered trade mark, the senior user will have protection for its vested rights.

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