Bennett J has allowed Mars to proceed to register its “Whiskas purple” colour as a trade mark for pet food, following Nestlé’s withdrawal of its opposition.
Nicholas Weston has a helpful summary; note Mars’ deliberate emphasis of the colour as a trade mark.
Some Whiskas in the “wild“.
Mars Australia Pty Ltd (formerly Effem Foods Pty Ltd) v Société des Produits Nestlé SA [2010] FCA 639 (with nice colour trade mark representation)