tag:blogger.com,1999:blog-5574479.post114670238339860552..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: SHARED NAMES; DA VINCI - THE RESURRECTION; PURPLE PATCHVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-1146730222734791782006-05-04T09:10:00.000+01:002006-05-04T09:10:00.000+01:00clarification - I should have said that the judgme...clarification - I should have said that the judgment is not the last word. Cadbury exercise a little bit of control over a certain purple in relation to certain goods. still, that's not a bad deal, if you think about it. 'boxed and block chocolates' is a pretty good set of rights, especially since you can always at least claim infringement where the infringing goods are 'similar' to the registered goods themselves.Kimhttps://www.blogger.com/profile/11323459337615228810noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1146726000283571372006-05-04T08:00:00.000+01:002006-05-04T08:00:00.000+01:00Actually, no. At the same time as the passing off...Actually, no. At the same time as the passing off action was going on in the courts, there was an opposition proceeding pending in the trade mark office, regarding registration of purple for chocolate. Same parties. Darrell Lea has succeeded in its opposition, but importantly, the TMO held that if Cadbury amended (narrowed) its application to block and boxed chocolates, it could get registration. See my <A HREF="http://weatherall.blogspot.com/2006_05_01_weatherall_archive.html#114672557910269689" REL="nofollow">post here</A>.Kimhttps://www.blogger.com/profile/11323459337615228810noreply@blogger.com