Cadbury melts over trademark row

Cadbury says it won't be trying another appeal in the battle with Whittaker's over registering the trademark "Berry Forest". Photo/ Brett Phibbs

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 trademarks.

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 protected."