The Australian branch of chocolate maker Cadbury Schweppes has lost a court bid to trademark the colour purple for use in chocolate packaging.
Cadbury says it could lose sales and its brand image could be compromised if competitor products are passed off as its flagship chocolate.
Darrell Lea Chocolate Shops was taken to Federal Court by Cadbury, which says the use of a particular shade of purple "amounted to the tort of passing off and also misleading and deceptive conduct".
Judge J Heerey says he does not believe Darrell Lee is using the colour to pass off its own products as those of Cadbury.
Cadbury Australia says it will appeal the decision.
"Cadbury Schweppes has deliberately established a connection between our shade of purple and Cadbury chocolate, and many consumers associate Cadbury purple with Cadbury chocolate," Managing Director Mark Callaghan says.
"We remain totally committed to protecting our brand identity and Cadbury will appeal this decision."
Cadbury has been struggling to register purple as a trade mark in Australia in the face of opposition from Darrell Lea since 1998.
ESSEL AND ESS DEE MOVE ON RIO TINTO
India's Essel Propack and Ess Dee Aluminium are jointly bidding for Rio Tinto's packaging unit.
According to the Economic Times, the firms are mounting a joint bid and may split the unit subsequently to merge with their own businesses.
Rio Tinto acquired the unit last year during its takeover of Alcan.
The unit, which makes specialty packaging for food, pharmaceutical, cosmetic and tobacco products, has annual revenues of about US$6bn.
FERRERO WIN COURT CASE
Italian confectioner Ferrero has won a court case against Chinese Montresor (Zhangjiagang) Food, a domestic imitator of its signature gold-wrapped Rocher chocolate.
According to the Financial Times, the Beijing Supreme Court fined Montresor CNY500,000 and ordered it to change its packaging.
Montresor, based near Shanghai, says it designed its packaging independently in 1990 and says it did not see a Ferrero Rocher before 1993.
Ferrero says it has been selling the chocolate in China since 1984.
CHESAPEAKE REPORT US$15.5M LOSS
US firm Chesapeake Corporation has reported a US$15.5m loss for the 2007 financial year, and says it is looking at ways to improve the profitability of its businesses and lower its debt.
In 2006, it reported a net loss of US$39.6m.
The group says it will consider possible closures, downsizing and consolidation or the sale of certain plants to cut costs.
Chesapeake operates in 50 locations in Europe, North America, Africa and Asia.
Source: packaging-technology
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