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.

I am not persuaded that
Darrell Lea, in using the colour purple, has
passed off its business or products as those of Cadbury or contravened the Trade
Practices Act.  I am not satisfied that such usage has resulted, or would
result, in a hypothetical ordinary and reasonable member of the class
constituted by prospective purchasers of chocolate being misled or deceived,
contrary to ss 52 or 53(c) and (d).