Cadbury rival cleared to use colour purple

The Australian branch of the confectionary and drinks giant Cadbury Schweppes today lost a court bid to ban a local competitor from using purple in its packaging and marketing.

Cadbury had claimed in Sydney’s Federal Court that purple was integral to its image and that its use by family owned Darrell Lea was misleading and deceptive conduct that could cause customers to mistakenly grab the wrong chocolate bar.

Judge Peter Heerey said he was not persuaded that Darrell Lea’s use of purple in window displays and packaging was an attempt to pass its products off as those of Cadbury, and the company had not contravened the Trade Practices Act.