MELBOURNE: Cadbury Schweppes has persuaded a trio of Australian judges that it can pursue its battle with Oz chocolatier Darrel Lea over the use of the colour purple for packaging and advertising.

The confectionery giant launched legal action against its smaller competitor - which uses a similar hue for its marketing- in 2003.

Last July Justice Peter Heerey apparently wrapped up the lawsuit with his ruling: "Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection with chocolate."

At the time Cadbury warned "we won't compromise on defending our rights." The Melbourne federal court has now granted its appeal and a new trial against Darrell Lea will go ahead.

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