Bega Cheese has won a federal court case against US food giant Kraft Heinz, giving it the right to continue to use the distinctive “trade dress” associated with its peanut butter.
The dairy company purchased Mondelez Australia, a Kraft subsidiary, in 2017, and acquired its peanut butter business including assets and goodwill.
The trade dress of Kraft and Bega’s peanut butter, which was agreed to be “a jar with a yellow lid and a yellow label with a blue or red peanut device, with the jar having a brown appearance when filled”, was acquired with the rest of Mondelez’s assets when Bega bought the company, concluded Justice David O’Callaghan in his ruling.
In a statement, Bega said it was pleased with the decision, which it said found that Kraft’s continued use of the trade dress was “misleading or deceptive” under Australian consumer law.
“Bega Cheese is proud to have bought the Mondelez Grocery Business in 2017, which included peanut butter and of course Australia’s most iconic brand Vegemite.
“Bega Cheese is a proud Australian company investing in Australian jobs, Australian manufacturing and Australian farmers. We look forward to continuing to produce and supply our customers with our much-loved peanut butter products,” the statement said.