Sweet victory for Whittaker’s
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.