Cadbury has conceded defeat in its trademark battle with
chocolate rival Whittaker's.
A decision from the High Court at Wellington last month found
in favour of Whittaker's, dismissing a bid by Cadbury to stop
it from registering the trademark "Berry Forest".
Cadbury had appealed against a decision from the Assistant
Commissioner of Trade Marks - which gave the go-ahead to
Whittaker's to use the Berry Forest name - in the High Court.
The company based its appeal on similarities it drew between
the Berry Forest mark and its own Black Forest trademark.
Cadbury said it was disappointed in the High Court's
decision, given the "obvious similarities" between the two
But a spokesman said it would not be taking the matter
further to the Court of Appeal.
"We have no current plan to appeal the decision," the
spokesman said, "but will continue to scrutinise activity in
the market to ensure the years of care and hard work that
have gone into making our products are acknowledged and
- Hamish Fletcher of the NZ Herald