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Thread started 10/02/12 10:21am

TheFreakerFant
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Cadbury's own Purple - Prince better watch out! ;)!

Cadbury wins legal battle over purple

http://www.independent.co...93220.html

Cadbury owns the colour purple – in chocolate packaging terms at least, a High Court judge has ruled.

Kit Kat-maker Nestlé took Cadbury, which was two years ago gobbled up by the US giant Kraft, to court to challenge an earlier ruling which gave the Creme Egg-maker exclusive use of the particular colour purple – Pantone 2685C – as used in Dairy Milk packaging.

It is the latest twist in a battle lasting four years, with Nestlé wanting to challenge a ruling from December 2011 that covered chocolate bars and drinks. Nestlé claimed that colours could not be protected as a trademark. However Judge Colin Birss ruled yesterday that colours are "capable of being signs" and determined that the famous shade of "Cadbury purple" had become linked with the Birmingham-based company's chocolate for more than 90 years.

Judge Birss added: "The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate."

The original ruling from the Intellectual Property Office found that it was satisfied Cadbury provided evidence of its use of the colour since first making Dairy Milk in 1914. But its trademark did not cover chocolate cakes or assortments, which is why Nestlé's boxes of Quality Street contain the brazil nut chocolate wrapped in purple.

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Reply #1 posted 10/02/12 4:17pm

ZombieKitten

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There used to be a car parked in my street (until it got towed) that was that exact colour - I know because I was out there one day checking it with my Pantone book falloff I used to do promo stuff for Cadburys in the 90s (they sponsored triathlons) and I asked the rep if there was any truth to the rumor that Cadburys wanted to get Pantone to remove their colour from the Pantone Matching System lol he declined to comment. Instead of giving me the number, he had specially printed Cadbury swatches for me to match cool
I'm the mistake you wanna make
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Reply #2 posted 10/02/12 4:39pm

XxAxX

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cadbury creme eggs drool drooling redface drool

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Reply #3 posted 10/03/12 2:09am

naffi

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Not in Australia, Cadbury tried to sue an Aussie chocolate company Darrell Lea for the same thing and lost http://www.smh.com.au/art...71788.html

Cadbury sees red over use of colour purple

July 18, 2006

Cadbury turns purple over colour spat

CADBURY Schweppes has lodged an appeal against a Federal Court ruling that it does not own the colour purple. The company sued the confectioner Darrell Lea in 2003 over its use of colours similar to Cadbury's dark purple.

It lost the case in April after Darrell Lea successfully appealed, but Cadbury said yesterday that it remained "committed to defending our intellectual property".

The corporate affairs director for Cadbury Schweppes, Karina O'Meara, said the company had registered its shade of purple with the Trade Marks Office in 2003. "Cadbury has invested significantly in marketing our products using Cadbury purple in Australia over many years [and] we won't compromise on defending our rights," Ms O'Meara said.

The Federal Court found Darrell Lea had not attempted to pass off its goods as Cadbury products, which is illegal under the Trade Practices Act.

"Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection with chocolate," Justice Peter Heerey said.

AAP
[Edited 10/3/12 2:13am]
You know you are in love, when you cannot fall asleep because your reality is finally better than your dreams - Dr Seuss
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Reply #4 posted 10/03/12 7:42am

PurpleJedi

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lol

By St. Boogar and all the saints at the backside door of Purgatory!
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Reply #5 posted 10/04/12 9:02am

paintedlady

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XxAxX said:

cadbury creme eggs drool drooling redface drool

Yes Lawd! foodnow

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