Australasian food company Sanitarium wins trademark stoush against British Weetabix
Tuesday, 25 September 2018
Australasian food company Sanitarium has won its trademark dispute against a Christchurch food importer which was selling a cereal similar in name to Weet-Bix.
Sanitarium took the British food importer A Little Bit of Britain, which has stores in Riccarton, Rangiora and online, to court after it attempted to import boxes of Weetabix cereal from the UK in August last year.
The Australian cereal giant argued the British product infringed its Weet-Bix trademark and had the shipment of 360 Weetabix boxes stopped by Customs in 2017.
In the High Court decision released on Tuesday, Justice David Gendall found the Weetabix product infringed on the sale of Weet-Bix, as it was likely to deceive or confuse customers.
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He granted a conditional injunction, restricting the sale of the British Weetabix product to specialist UK product stores and websites. He also ordered the word Weetabix to be covered when being sold to protect the Weet-Bix brand.
A Little Bit of Britain sought compensation with a counter claim that the detaining of the shipment by Customs was unlawful and the goods should have been released.
Justice Gendall dismissed their claim for damages to be awarded.
He said the cereal seized was already past its use-by date and would not be able to be sold. He ordered the destruction of the 108 seized Weetabix cartons.
He asked both Sanitarium and A Little Bit of Britain to make submissions on whether either side should be liable for costs.
A Little Bit of Britain owner Lisa Wilson said although she was 'grumpy' with the decision to destroy the seized cartons, she was pleased Weetabix would be back on the shelves.
'We're happy we can still sell it, obviously a little bit disappointed we have to re-label it but it's not the end of the world.'
Wilson said she expects the controversial cereal to be 'flying off the shelves like hot cakes' when it is reintroduced.
'We get asked on a daily basis what is happening with the Weetabix…it's one of our best selling cereals.'
Wilson plans to have the cereal imported into the country in her next shipment of products.
It was unclear whether the High Court decision would be appealed, she said.
A Sanitarium spokeswoman said the company was pleased with the outcome.
'Sanitarium is pleased the court has reached a decision that resolves this trademark dispute in our favour.
The main issue has always been to protect our iconic Weet-Bix brand and Trade Mark,' she said.
'This judgment enables us to protect our brand which supports the employment of Kiwis and contributes to the New Zealand community.'