You may be aware that there has been an ongoing dispute between
Cadbury and Darrell Lea in relation to Darrell Lea's use of the
colour purple. Following is a brief summary of the proceedings so
far:
The trade mark proceedings
In 1998, Cadbury applied to register the colour purple as a
trade mark in respect of "chocolate and chocolate
confectionary". IP Australia objected to the registration of
the mark on the basis that other traders are likely to wish to use
this colour in connection with such goods. Cadbury filed evidence
of use and the application was eventually accepted in respect of
"chocolate". Darrell Lea then opposed the application and
there was a hearing of the matter. The Hearing Officer concluded
that the trade mark was in fact capable of distinguishing
"block chocolate and boxed chocolate" and held that the
application may proceed to registration in respect of those goods.
Darrell Lea has appealed this decision to the Federal Court and a
decision is
