British mini-mart in Christchurch takes on food giant Sanitarium over Weetabix

Wednesday, 28 June 2017

A Christchurch small business owner is battling Sanitarium over similarly-named products.

A Christchurch mini-mart owner is going head-to-head with food giant Sanitarium over its staunch stance against rivals selling similarly-named foods.

A Little Bit Of Britain co-owner Lisa Wilson says she will not back down after hundreds of boxes of Weetabix breakfast cereal were seized from her grocery order.

New Zealand Customs seized over 360 boxes of the cereal, which was shipped in from England on Monday, she said. The goods were destined for Wilson's Riccarton Rd and Kaiapoi stores, and for customers who pre-ordered through her small online business.

Sanitarium trademarked the Weet-Bix name in 1928.

Wilson said the whole shipment, with nearly $100,000 worth of grocery products, had been stalled for a week while Customs officers combed through it. Sanitarium had reignited a long-standing feud with small business owners over a trademark violation of its Weet-Bix cereal, she said.

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A Sanitarium spokesperson said the company's firm stance was to protect its brand.

The Weet-Bix trademark was registered by Sanitarium 90 years ago.

'It is an infringement for any other company to import, distribute or sell a product using a deceptively similar name,' the spokesperson said.

'We believe imports of Weetabix from the UK represent a trademark infringement. We are working with importers to find solutions that allow product sales while protecting our trademark.'

Wilson, and her partner, Thomas Latham, imported Weetabix cereal for at least three other South Island stores.

She said she was fed up with up big companies flashing their power over the 'little man', and would fight to the bitter end.

'I'm not willing to just hand it over. I think it's pretty pathetic and stupid really that they target small shops that bring in just a few pallets a year compared to the thousands they must be selling.'

Dozens of expats backed the couple in a Facebook post about the issue, saying the cereal provided them with a taste of home.

'It's spelt different, tastes different, looks different, packaged differently,' one commenter said. 'Our Weetabix is nothing like Weet-Bix!'

The most frustrating part was that the two brands were not competing for the same market, Wilson said.

'It's what you grow up on; you're used to Weetabix, you love Weetabix. If you're a Kiwi then you eat Weet-Bix, so it doesn't actually affect them at all, it seems stupid.'

Weetabix was one of the most popular products at her two Christchurch stores. About 60 boxes 'flew out the door' every week.

A New Zealand Customs' spokeswoman said goods could be detained for 10 working days to give both parties time to apply to the High Court.

The previous owner of the British goods store won the same fight against the food powerhouse about four years ago before it reached court, Wilson said. Wilson and Latham took over the store last year and felt Sanitarium was up to the 'same tricks'.

'I think they've just picked up that we're new owners now so they're just going to make us go through the whole ordeal again. [Weetabix is] very popular, it's one of our best sellers but it's hardly worth this.'