Friday, April 11, 2008

I want to own the color purple

That's right. I want to own the colour purple. No, not the novel/Oprah Winfrey movie. The color itself. Now, perchance I have been perched at my desk too long, without contact with the mammals, but I pursuade to you to hold judgment.
Observe!
In a court case decided today, the learned judge Peter Heerey found in favour of the D. L. that C. S. did not own the color purple.
http://www.smh.com.au/news/national/cadbury-blue-after-losing-purple-case/2008/04/11/1207856793441.html

What kind of a world is this, justice be topsy-turvey cry I, when a good social citizen like C.S. cannot rightly border that which is theirs. I hold you to your conscience dear sirs/maddams of the readery, that we be slipping into a crocodile nest of the purest ill if this precedent be held.
Stand, brothers and sisters, and walk as one with me while I cry freedom for my rights and fight for my color!

See this:

Chocolate giant Cadbury has lost a court bid to stop rival Darrell Lea using the colour purple.

The Federal Court has dismissed an application by Cadbury Schweppes that the use of purple by Darrell Lea amounted to misleading and deceptive conduct.

Justice Peter Heerey said he was not persuaded that Darrell Lea in using purple had passed off its business or products as those of Cadbury or had contravened the Trade Practices Act.

"I am not satisfied that such usage has resulted, or would result, in ... purchasers of chocolate being misled or deceived," Justice Heerey said.

Cadbury had claimed customers linked purple with their products and mistook Darrell Lea's goods for Cadbury's, and vice versa.

But Darrell Lea had said Cadbury's knowledge was limited to inspection of goods on display and physical surroundings, and did not involve any observation of consumer behaviour.

3 comments:

liedra said...

Why would you want purple when blue is so much better?!

PS, lol @ Cadbury -- you don't see Darrell Lea being sold anywhere much except Darrell Lea shops... where are the Cadbury shops?!

Adam said...

Specific colors aside (remember, love is colorblind) it melts my brain how one company/person/something can think that it owns a color. My head hurt so much thinking about this that it short circuited and was forced to communicate in a manner befitting the worst imaginary 18th century gentleman. Damn you Cadbury, damn you.

Jason said...

Artist Yves Klein patented his favourite shade of blue (http://en.wikipedia.org/wiki/Yves_Klein#Artwork), and I believe he actively tried to stop other people using it, although Wikipedia doesn't substantiate that and I'm too lazy to look for any other source.