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ARTICLE · 13 AUGUST 2009

No Sweet Rewards For Mars

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Mars Australia Pty Ltd brought an action against Sweet Rewards Pty Ltd alleging passing off, misleading conduct and trade mark infringement.

AustraliaIntellectual Property
Nathan Sinclair
Nathan Sinclair
Sean McManis
Sean McManis
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Mars Australia Pty Ltd brought an action against Sweet Rewards Pty Ltd alleging passing off, misleading conduct and trade mark infringement.

Since mid-2005, Sweet Rewards distributed a chocolate covered malt ball called "Malt Balls". These goods were sold in large circular plastic containers with a label featuring

  • a red (or orange) background,
  • the words "Malt Balls",
  • the word "Delfi" (in smaller script than Malt Balls)
  • a picture of a skier in a circle, and
  • pictorial representations of the confectionary as floating brown balls with some in cross section showing a yellow filling.

Mars has, for many years sold MALTESERS confectionary in get up including:

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