Wednesday, March 24, 2010

Update - Mars loses Maltesers appeal

Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174

Mars (the makers of Maltesers) unsuccessfully bought an action against Sweet Rewards alleging trade mark infringement, passing off and misleading and deceptive conduct in relation to Sweet Rewards "Malt Balls" product, that are sold in red and orange jars with a get-up that Mars claimed to be similar to their "Maltesers" chocolates.

The appeal court upheld the original decision.

A good summary of the decisions can be seen on the Norton Rose website:

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