LawFont.com

The machinations over the Cadbury claim for the colour purple go on and on. Now that the costs order has been handed down, and the first instance decision is all done and dusted, we have news that Cadbury has appealed Justice Heerey’s decision that Darrell Lea did not do any ‘passing off’ when it used the colour purple (hat tip: Dale Clapperton).

It will be interesting to see whether the appeal is confined to the final judgment issues – or whether some of the evidentiary rulings which much confined Cadbury’s case will also be appealed.

It’s also worth noting that this Cadbury case is only one of the two pending ones. The other, the opposition to Cadbury’s application to register the colour, was also decided at around the same time as Heerey J’s decision (see my comments here, and the decision here (pdf)). In that decision, the TM Office basically handed a significant win to Cadbury. This case, too, would appear to be pending before the Federal Court: according to the IP Australia ATMOSS database, a court action is pending (I assume this means that someone has appealed the opposition decision to the court).