A Family-owned cat food firm has won the right to keep its packaging in the face of a court fight by a multi-national company.

Mars Incorporated, the parent company of Masterfoods, which manufactures the cat meal Whiskas, took objection to packaging used by North Yorkshire company Burgess Supafeeds.

Mars had claimed that Burgess was passing off its new brand, called Supa Cat, as Whiskas because of a similar purple colour, and sought an injunction to stop it being sold.

But a judge at the High Court has ruled in favour of Burgess, based in Thornton-le-Dale, near Pickering, saying there was no evidence of confusion. Mars has also been ordered to pay the legal costs of the case.

Part of the judgement says: "No reasonably alert customer with reasonable eyesight would associate Burgess's products with Mars's.

"There were some superficial similarities but the differences, especially in the purple itself, its amount, and layout, were more significant."

On the front of Supa Cat, which is sold only in pet shops and was launched in May, there is a picture of a black and white cat and a bowl of food.

Promotional material on the company's website, which shows three flavours, packaged in maroon, pink and yellow, claims: "Two out of three cats prefer new Burgess Supa Cat."

On the pouches of new Whiskas Dry, there is a picture of a grey-striped cat's head.

The manufacturers say: "In our home survey within Europe, of those cat owners who expressed a preference, more than 80 per cent indicated that their cats preferred new Whiskas Dry to their usual dry food."

A spokeswoman for Masterfoods last night refused to discuss the court action.

No one from Burgess was available for comment last night, but the company and its solicitors are expected to make a statement today.

The Burgess family have milling experience dating back more than 300 years and have spent the past 35 years specialising in dry feeds for dogs, cats, small pets and horses.

Masterfoods, formerly Mars Confectionery and Pedigree Masterfoods, produces a range of snacks, pet care, main meals and drinks.

Mars Incorporated also has a host of other "business units" which operate around the world, selling everything from electronics to brands such as Dolmio pasta sauces and Uncle Ben's rice.