Bega wins peanut butter branding war with Kraft Heinz

Australian Court rules on fight over well-known peanut butter branding

Bega Cheese has been given the right to continue to use the trade dress associated with the peanut butter products it acquired as part of its purchase of the Mondelez Grocery Business in 2017.

The Australian Federal Court ruling gives Bega the right to continue using its current packaging of its smooth and crunchy peanut butter products, namely the yellow lid and iconic labels, after Kraft Heinz launched a legal bid to get Bega to stop using the trade dress in 2018 through the US Federal Court.

Bega Cheese acquired the majority of Mondelez International’s local grocery and cheese business in 2017, a portfolio which includes Vegemite, Bonox, ZoOSh, and a transitional royalty-free licence for several Kraft products such as peanut butter and cheese as well as nut spreads, for $460 million with the aim to become a leading Australian-branded consumer goods business. It also purchased a factory in Port Melbourne.

However, Heinz had previously acquired Kraft, and sought to stop Bega Cheese from using the well-known trade dress on its peanut butter products.

The Federal Court also determined that Kraft Heinz’s use of the trade dress is misleading or deceptive under Australian law, and Bega could exclusively use the trade dress.

Barry Irvin, executive chairman of Bega Cheese, said in a statement: "Bega Cheese is proud to have bought the Mondelez Grocery Business in 2017, which included peanut butter.

“Our factory at 1 Vegemite Way Port Melbourne continues to produce Australia’s most favourite peanut butter, which it has done for more than 55 years.

“We look forward to continuing to produce and supply our customers with our much-loved peanut butter products,” he said.   

Follow CMO on Twitter: @CMOAustralia, take part in the CMO conversation on LinkedIn: CMO ANZ, join us on Facebook: https://www.facebook.com/CMOAustralia, or check us out on Google+:google.com/+CmoAu 

 

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Show Comments

Blog Posts

5 things marketers need to do to get better in buy in when presenting

Presentations are a marketer’s best friend. They can be a concise, targeted and effective form of communication with the potential to make a real impact on your audience.

Emma Bannister

Founder and CEO, Presentation Studio

How to overcome negative habitual thinking

One of the greatest challenges facing senior leaders today is what’s going on in their own head.

Lisa Stephenson

Author, success coach, consultant

The purpose of purpose

Everyone knows the 4 P’s of marketing: Price, product, promotion and place. There is now a fifth ‘P’ in the marketing mix.

Thanks Nadia for sharing this blog. It has really useful and amazing information about Salesforce Commerce Cloud and digital engagement w...

Holly Smith

Adidas taps data and technology smarts to build personalised digital engagement with consumers

Read more

clearly someone who's jealous and only comments from the safety of being behind their keyboard

Peter Sibson

The purpose of purpose - Brand science - CMO Australia

Read more

haters gonna hate

David Bentley

The purpose of purpose - Brand science - CMO Australia

Read more

Social Media is platform where people get connected to each other from the world and share their views and thoughts on any product. Socia...

Tejas Potfode

6 Ways to ramp up Social Media to Your Web Design

Read more

We can't overlook mobile. Each passing day people are on their phones more and more

This Is My South Bay

What the 5G revolution will do to mobile marketing

Read more

Latest Podcast

More podcasts

Sign in