Protecting your Brand: the Cadbury's trademark and more

By Joe Lederman and Yasmin Omer
FoodLegal Lawyers and Consultants
© Lawmedia Pty Ltd, December 2009/January 2010

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After many years of legal disputation in Federal Court proceedings, Cadbury Schweppes Pty Ltd (Cadbury) has finally registered various shades of the colour purple in relation to its chocolate products. This article reviews the issues that needed to be considered by Australia’s Trade Mark registration authority, IP Australia as well as other legal and commercial issues that had to be considered by all parties concerned in the context of the previous litigation involving Darrell Lea Chocolate Shops Pty Ltd (Darrell Lea), as well as an examination of the broader context of methods of brand protection.

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