11 April, 2008
Cadbury owns purple colour? Court says not.
Today's interesting news. A delightful news for Australia's local chocolate maker Darrell Lea. The Federal Court in Melbourne has dismissed an attempt by Cadbury Schweppes to try to stop Darrell Lea using the colour purple.
The purple colour in Cadbury and Darrell Lea are similar shade, but the package design is not simply by colour. Once a company gets big, it will do anything to stop its competitor by all means.
(Sorry Don, I know you would defend your beloved Microsoft.) There was a famous case happened to Microsoft back in January 2004. A (then) 17-year-old student named Mike Rowe started his own company called MikeRoweSoft.com. Microsoft said he couldn't use his own name for business, and used lawyer's dirty tactic on a minor. Thanks to the bad publicity generated by internet community, Microsoft was later forced to apologise the "threats" used by Microsoft's lawyers to a 17-year-old boy.
This is Cadbury's purple.
And this is Darrell Lea's purple.
Justice Peter Heerey ruled that while there was a wide awareness among consumers of Cadbury's use of dark purple for certain chocolates, it did not have an exclusive reputation for the dark purple for chocolate. Other competitors, such as Nestlé, had used a similar shade of purple with Cadbury's knowledge.
Without a doubt, Cadbury Schweppes will lodge an appeal.
Personally, I prefer Nestlé's Kit Kat. A side note: Although my Nespresso coffee machine which uses Nespresso capsules by Nespresso is a division of Nestlé, it is not to be confused with Netcafé instant coffee (which is also by Nestlé).
Source: ABC News
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