Cadbury appeal: short a full glass and a half.

It seems Cadbury's love of the colour purple knows no bounds [see DIFFUSION blog 28 April 2006, ‘Cadbury see red, not purple’]. According to the Sydney Morning Herald the company is lodging an appeal “against a Federal Court ruling that it does not own the colour purple”. The justification used by Cadbury according to its Corporate Affairs Manager, is the significant investment “in marketing our products using Cadbury purple in Australia”. Once again, the target of their ire is Darrell Lea, who no consumer would accidently put in the same shopping basket as Cadbury. At DIFFUSION we believe that Cadbury would see a better return on their now considerable legal fees if they focussed on developing marketing activities that encouraged ownership of the colour purple in the consumer's (rather than the Court's) mind. This was, in part, one of the comments made by the judge in the original suit. Surely this would resonate more with customers and is, after all, what really counts. But then perhaps if that fails they could return to their original shade of 'lavender'.