“Cadbury does not own the colour purple

The British confectionery concern Cadbury Schweppes plc has filed an appeal against a judgment, that Australia confectioners, Darrell Lea Chocolate Shops, had not acted improperly in using a dark purple colour similar to the signature shade used on the packaging of Cadbury brands like Dairy Milk.
Cadbury claimed that the use of the colour had given consumers the false impression that they were buying Cadbury chocolate. But the Federal Court of Australia decided that, since Cadbury was a recognisable brand on the strength of many factors, including the logo and the distinctive Cadbury typeface, they did not exclusively own the dark purple colour and could not prevent other manufacturers using it. Cadbury have used purple packaging for their products from the 1920s to the present day, with the exception of the second world war. Cadbury has operated in Australia since the 1920s and are one of the dominant companies in the country s confectionery market.