Weetabix loses trademark dispute in New Zealand

The High Court of New Zealand has ruled that UK cereal brand Weetabix infringed food company Sanitarium Health & Wellbeing’s trademark for a competing brand.

Sanitarium, which is based in Australia and New Zealand, previously complained that the Weetabix brand infringed the company’s ‘Weet-Bix’ trademark. Weetabix was being imported into New Zealand by food importer A Little Bit of Britain.

According to New Zealand newspaper the New Zealand Herald, Justice David Gendall released his decision yesterday, September 25. Gendall granted a permanent injunction against A Little Bit of Britain imposing restrictions on the sale of Weetabix in New Zealand.

Gendall ruled that Weetabix can only be sold in specialist UK stores in New Zealand and that the Weetabix brand on the cereal packaging must be covered up.

The news outlet said that A Little Bit of Britain tried to import Weetabix from the UK in August 2017. However, Sanitarium complained that the cereal brand was too similar to its Weet-Bix brand, and the cartons were subsequently stopped at the New Zealand border.

Weet-Bix is a wholegrain wheat cereal sold in New Zealand and Australia. Weetabix is a similar wheat-based cereal manufactured in the UK and exported to more than 80 countries. Both cereals were invented by Australian individual Bennison Osborne.

According to the New Zealand Herald, Gendall said that although A Little Bit of Britain did not intentionally deceive the public, consumers could be confused between the two brands.

Rob Scoines, general manager of Sanitarium, told the news outlet that the lawsuit was filed to protect the brand rather than prevent A Little Bit of Britain from selling Weetabix.

A Little Bit of Britain took to Facebook and said that it plans to continue selling Weetabix in New Zealand.

“You can be assured we will be getting Weetabix in our next container,” the company said.

“As per the judge’s ruling, we have to sticker over the Weetabix logo so please help us out and let us know below what you think we should call it.”

A Little Bit of Britain suggested using the tagline “Confuse a Brit” to cover up the Weetabix brand.