Casella Wines, producer of the country’s ‘most powerful’ wine brand, is suing a competitor for trademark infringement. Casella is the owner of the Yellow Tail brand, which has been a remarkable success story over recent years. Since creation around the turn of the century, it has become Australia’s leading wine export and the most popular imported wine to the United States. Despite its low price point it is now under attack from an array of competitors who are looking to take... ...Read more »

Kraft Foods has filed a lawsuit against India’s leading biscuit manufacturer, Britannia Industries, over an alleged infringement of the copyright on its Oreo biscuit brand. Kraft confirmed yesterday that it has filed a suit in the Delhi High Court, seeking an injunction and damages for “infringement of trademark and copyright, passing off and unfair competition” of its Oreo brand of cookies. It is understood that Britannia’s recently launched ‘Treat-O’ biscuit... ...Read more »

Mars Australia has been given the go-ahead by the Federal Court to register Whiskas Purple as a trademark for cat food, after rival Nestlé withdrew its earlier opposition. Justice Annabelle Claire ordered that the application should proceed to registration, noting that Mars Australia has used the Whiskas Purple colour here since 2000. The court was told that the colour was created for the European arm of Mars ‘from scratch’ to market their products. Justice Claire agreed that the use... ...Read more »

The High Court of Australia has ordered Lion Nathan National Foods to scrap the word ‘Barefoot’ on its Barefoot Radler beer range, after losing a trademark case against US wine giant E. & J. Gallo Winery. Gallo is the current registered owner of the registered trade mark ‘Barefoot’ and took the brewer to the Federal Court more than two years ago, claiming Lion Nathan’s Barefoot Radler brand infringed Gallo Winery’s ‘barefoot’ trademark, used to... ...Read more »

Tropical produce importers Fyffes have withdrawn their nomination for the Fruit Logistica Innovation award after Australian Eco Bananas asserted trademark rights to the claimed innovation. Fyffes of Germany were one of 10 companies who nominated for the FRUIT LOGISTICA Innovation Award (FLIA) 2010 to be presented in Berlin (3 – 5 February 2010) in recognition of outstanding innovation in products and services. The competition is open to all companies exhibiting at FRUIT LOGISTICA and FRESHCONEX... ...Read more »

The Full Federal Court of Australia has unanimously dismissed an appeal by Mars Australia, makers of Maltesers against a rival confectionery product. On Friday, the Full Court agreed with the trial judge in Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174 that the Malt Balls product sold by Sweet Rewards did not infringe the registered trademark of Mars Australia brand Maltesers, and did not mislead or deceive consumers of Maltesers. In its appeal filed in June, Mars Australia had... ...Read more »

Technology giant Apple is looking to prevent Woolworths from using their new logo, arguing it resembles the Apple trademark. Woolworths launched the rebranding early this year with a logo they contend to be a stylised ‘w’ that looks like a piece of peeling fruit. Apple says it is, well, an apple, and is taking its case to trademark body IP Australia. IP Australia must determine whether or not the Woolworths logo could create confusion for customers in light of the Apple trademark when... ...Read more »

Nestle has insisted that it will “vigorously” resist claims from Weight Watchers International that the Swiss food giant has infringed trademark rights.Weight Watchers filed a lawsuit in the US yesterday (17 September), alleging that Nestle illegally used its name and ‘points’ system to promote its Skinny Cow low-fat ice cream and Stouffer’s Lean Cuisine frozen meals. The US-based weight management company said that it is seeking a restitution of “improper”... ...Read more »

Malaysia’s highest court has ended an eight-year battle between McDonald’s and a Malaysian curry restaurant over the use of the prefix ‘Mc’.Malaysia’s Federal Court agreed with Appeals Court judgment which allowed ‘McCurry’ to use the ‘Mc’ prefix. “We feel great that this eight-year legal battle is finally over and we can now go ahead with whatever we plan to do such as opening new branches,” McCurry owner P Suppiah said after the... ...Read more »

The Bounty confection is just another chocolate bar, according to European judges who dismissed a bid by Mars to register the shape of the bar as a trademark.”The allegedly distinctive characteristics, namely the rounded ends of the bar and the three arrows or chevrons on top of it, cannot be sufficiently distinguished from other shapes commonly used for chocolate bars,” the European Court of First Instance in Luxembourg explained. “(Bounty is) devoid of any distinctive character... ...Read more »