Thanks for the thoughts from you too, Chris. It does sound like a lot of companies - not too surprisingly - target E-bay for copyright infringements.
The Tabberone case concerning M and Ms does suggest that there should not be a problem with M and M - or other scrapbooking paper. (Maybe it would be better to use Smarties though and photograph them myself ..lol They don't have the name on them and there are lots of no-name lookalikes of Smarties around ..)
It wasn't specifically the M and Ms pattern that I was thinking of but scrapbooking papers in general. There are quite a few around with random backgrounds that would make puzzles that would be "challenging" to say the least

I mentioned a couple in another thread but I've come across ones with grass, corn, beach pebbles, tape measures, wood grain etc
As a complete drift off-topic - what's this I hear about them repackaging Smarties in the UK - how can they get rid of Smartie tubes???? I have fond memories of Smartie tubes from being a kid - those plastic tops really flew across the room when you karate chopped the tube ...

They did have an educational side too - those letters on the inside of the tube tops ..