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10 Apr 2008, 9:19 pm
In a partial rehearing of its passing off action against Darrell Lea, Cadbury has failed to stop Darrell Lea from using the colour purple.[ Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 8) [2008] FCA 470] Even though certain expert evidence had to be heard, the trial judge thought the evidence made no difference and rejected Cadbury's long-running claim. [read post]
6 May 2010, 2:59 am
Darrell Lea Chocolate Shops Pty. [read post]
19 Jul 2006, 6:56 pm
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). [read post]
12 Jul 2006, 10:24 pm
Cadburys - the (costs) sequel Back when Cadbury so comprehensively lost its passing off litigation against Darrell Lea, in April of this year (see my previous commentary here) speculation amongst legal circles was rife that Cadbury might also be in for an indemnity costs order. [read post]
17 Jun 2021, 9:30 pm
The commentators are Christopher Green (Mississippi), Sandy Levinson (Texas), Gerard Magliocca (Indiana), Jennifer Mascot (George Mason), Darrell Miller (Duke), Richard Primus (Michigan), Bradley Rebeiro (BYU), Lee Strang (Toledo), Lea Vandervelde (Iowa), and Jack Balkin (Yale). [read post]
16 Jun 2021, 6:00 am
This week at Balkinization we are hosting a symposium on Kurt Lash's new two volume collection, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.).We have assembled a terrific group of commentators, including Christopher Green (Mississippi), Sandy Levinson (Texas), Gerard Magliocca (Indiana), Jennifer Mascot (George Mason), Darrell Miller (Duke), Richard Primus (Michigan), Bradley Rebeiro (BYU), Lee Strang (Toledo),… [read post]
13 Jul 2012, 3:22 pm
In a case that it has pursued for five years, Cadbury has tried and failed to stop Darrell Lea, an Australian chocolate manufacturer, from using the colour. [read post]
19 Jun 2015, 12:13 pm
In a case that it has pursued for five years, Cadbury has tried and failed to stop Darrell Lea, an Australian chocolate manufacturer, from using the colour. [read post]
22 Jan 2015, 4:13 am
In a case that it has pursued for five years, Cadbury has tried and failed to stop Darrell Lea, an Australian chocolate manufacturer, from using the colour. [read post]
1 May 2013, 1:36 pm
In a case that it has pursued for five years, Cadbury has tried and failed to stop Darrell Lea, an Australian chocolate manufacturer, from using the colour. [read post]
6 Dec 2014, 9:45 am
Richardson School of Law) Lea VanderVelde (University of Iowa College of Law) Ahmed White (University of Colorado School of Law) Rebecca E. [read post]
11 Sep 2009, 1:48 am
To digress for a moment from the “shape” issue – Mr Lee also reports that Cadbury and Darrell Lea have settled their long running litigation and Cadbury has secured registration of its trade mark for the colour purple. [read post]
27 Oct 2011, 3:11 pm
See Cadbury Scwheppes v Darrell Lea at [49] – [57]. [read post]
29 Jun 2021, 6:30 am
Yates (Vol. 1 p. 134; See also Darrell Miller’s review), while this author and work are unmentioned in Masur’s book. [read post]
19 Aug 2009, 8:46 pm
For example, his Honour found that this wasn’t use of the sea-horse shape as a trade mark: The fact that other traders, such as Darrell Lea, sold sea-horse shaped products in boxes with their own brands on them contributed to this conclusion, as did the prominence of the Guylain and, in many case, a stylised ‘G’ on the packaging. [read post]
14 Mar 2016, 4:00 am
Bunt, Longview Bruce Stuart Campbell, Fort Worth Brian Heath Crockett, Houston Misty Lea Cunningham, Denton Richard William Espey, San Antonio John Blaise Gsanger, Corpus Christi William Wade Hoke, Houston Lannie Todd Kelly, Austin Wade D. [read post]
14 Mar 2016, 4:00 am
Bunt, Longview Bruce Stuart Campbell, Fort Worth Brian Heath Crockett, Houston Misty Lea Cunningham, Denton Richard William Espey, San Antonio John Blaise Gsanger, Corpus Christi William Wade Hoke, Houston Lannie Todd Kelly, Austin Wade D. [read post]
18 Apr 2008, 2:00 am
Protecting computer programs under the Copyright Act: Dais Studios v Bullet Creative: (IP Down Under), Assessing copyright risk in new classroom technologies: (IP Down Under), Cadbury loses battle over exclusive use of colour purple for chocolate wrapping in its case against Darrell Lea: (Australian Trade Marks Law Blog), (IP Down Under), (IPKat), (IPwar’s), Employee or independent contractor? [read post]
4 Oct 2019, 2:35 pm
Shrader & Associates, LLP v. [read post]
9 Aug 2008, 1:50 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
