The manufacturer of Maltesers has lost an appeal in which it argued that Melbourne company Sweet Rewards engaged in trademark infringement, passing off, and misleading and deceptive conduct through the distribution and sale of its chocolate-covered malt ball product. A full bench of the Federal Court held that neither the words 'Malt Balls', the red colour, nor the depiction of the product on the packaging were used as a trade mark by Sweet Rewards.
[2009] FCAFC 174 - 11 Dec 2009 - Federal Court of Australia, Full Court - Emmett, Bennett and Edmonds JJ