Cadbury Fights Purple Packaging Lawsuit Down Under

19 July 2006

Confectionery giant Cadbury Schweppes has lodged an appeal against an Australian court ruling that denied it intellectual copyright over the color purple for brand packaging and advertising.

The move follows legal action launched in 2003 against Oz chocolate-making rival Darrell Lea over its use of a similar shade of purple. Cadbury lost the case in April after the Federal Court found Darrell Lea did not attempt to pass-off its goods as Cadbury products, which is illegal under the Trade Practices Act.

Said Justice Peter Heerey: "Cadbury does not own the color purple and does not have an exclusive reputation in purple in connection with chocolate."

But the company retorts that it has "invested significantly in marketing our products using Cadbury purple in Australia over many years [and] we won't compromise on defending our rights."

Data sourced from Sydney Morning Herald; additional content by WARC staff