Sweet vic­tory for Whit­taker’s

Kapi-Mana News - - NEWS -

Whit­taker’s has tri­umphed over Cad­bury in a stoush over what they can name their mixed berry choco­late of­fer­ings.

The win comes af­ter choco­late gi­ant Cad­bury tried to block Porirua-based Whit­taker’s from us­ing the name ‘‘Berry For­est’’ on a choco­late bar, say­ing it would be con­fus­ingly sim­i­lar to its own ‘‘Black For­est’’ blocks.

Whit­taker’s said the words ‘‘black’’ and ‘‘berry’’ were read­ily dis­tin­guish­able in look, sound and idea, es­pe­cially be­cause black is a colour and berry is a fruit.

In a de­ci­sion is­sued from the High Court at Welling­ton, Jus­tice Rachel Dun­ning­ham said she pre­ferred Whit­taker’s sub­mis­sion that Black For­est brought to mind the flavour and in­gre­di­ents of a Black For­est gateau from Ger­many.

Berry For­est in­voked a com­bi­na­tion of berries, the judge said.

She was sat­is­fied the words Berry For­est were un­likely to con­fuse the gen­eral pub­lic.

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