David v Goliath breakfast cereal battle gears up for NZ High Court

By RJ Whitehead

- Last updated on GMT

David v Goliath breakfast cereal battle gears up for NZ High Court

Related tags New zealand

Like any other trademark holder, Sanitarium has little choice but to protect its brand, according to NZ Food and Grocery Council chief executive Katherine Rich.

She was commenting after the antipodean cereal major said it was preparing to take a New Zealand store to court over its attempts to import British brand Weetabix.

"They’re in a difficult position because Weetabix, imported by online retailer A Little Bit of Britain, is clearly similar to Sanitarium’s Weet-Bix—there’s a one-letter difference​,” Rich said.

"Sanitarium has held the rights to the Weet-Bix brand since 1928. It’s one of New Zealand’s strongest and most-loved brands that has been built up over nearly 90 years​.”

The protection of intellectual property through trademarks and patents is extremely important to businesses large or small, said Rich.

She asked: ”How would the complaining importer A Little Bit of Britain react if another New Zealander set up a similar online retail business and added just one letter calling it 'A Tiny Bit of Britain' or 'A Little Bite of Britain​'? 

I’m sure the company would be quick to complain that the names were too similar, confusing, and a breach of their rights​.”

"It’s a shame Sanitarium has had to go to the High Court, but it was left with no option​,” she added, claiming that “a public scrap” like this would create much free publicity for the small retail company. 

"On the surface looks like a David vs Goliath battle, but there’s more to it than that. According to reports, fair and reasonable options have already been presented, such as over-stickering, which would allow the release of the product, and happy customers​.”

However, A Little Bit of Britain owner Lisa Wilson says she has no intention of giving in to the larger company, especially after a container of Weetabix was detained at customs after Sanitarium issued a border notice.

Having initiated an online petition to seek support, Wilson said: “Sanitarium have a pallet of British Weetabix detained and we can't sell it in our shops. We have imported and paid for these goods and have lots of customers awaiting its arrival​. 

We are not willing to agree to crossing out the name on the box, and wish for them to release the shipment. If you want to see the Weetabix back on the shelves please sign [our petition]​.”

She said she was confident she was not infringing the Weet-Bix trademark. 

"We are not trying to confuse or deceive anyone. We are just a small-time trader with a British store, our clients are all British and come for a specific product. They wanted us to relabel it which we weren't comfortable with doing​,” Wilson said.

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