Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Protecting Marmite’s Kiwi Trade Mark – Update On Hearing

1 February 2013

Protecting Marmite’s Kiwi Trade Mark – Update On Hearing Date

The summary judgment application to be heard in relation to the trade mark infringement case involving jars of UK Marmite imported for retail sale in New Zealand in breach of Kiwi-made Marmite’s trade mark will now be heard in the Christchurch High Court on 19 February.

The application was to be heard in the Christchurch High Court on 26 February with the Parties agreeing that if an earlier hearing date became available they would take it subject to availability of Counsel. The earlier fixture of Tuesday 19 February has been confirmed today.

In August 2012, British ex-pat Rob Savage imported 1,908 jars of UK Marmite to sell in retail outlets in New Zealand. NZ Customs detained the shipment as its sale here infringes the Marmite trade mark, which protects Sanitarium’s Kiwi-made Marmite as the only spread that can be sold here under that name.

Sanitarium says the matter can be quickly and easily settled out of court without the product going to waste. Under the Trade Marks Act 2002, imported products found to have infringed a trade mark can be destroyed, as a last resort, to prevent them from being sold.

Following earlier offers by Sanitarium which failed to result in a final agreement, Sanitarium made an open offer to Mr Savage with two options: one that would allow him to re-label the products or, as a one off, to sell the 1,908 jars of UK Marmite, labelled for the Queen’s Diamond Jubilee as ‘Ma’amite’, with the profits donated to a Christchurch charity. Mr Savage did not accept that offer.

To prevent trade mark infringements in the future, Sanitarium is happy for Mr Savage to continue importing UK products and selling them here under a different name.

UK Marmite is already sold in New Zealand under the ‘Our Mate’ trademark and is made by Unilever, in the same factory, with the same ingredients as the product available in the UK. So a “taste of England” is already freely available in supermarkets here.

Like other well-known brands, the trade mark ‘Marmite’ is protected under law for the companies which have the exclusive rights to use it in countries or ‘territories’ around the world. These companies are Sanitarium in New Zealand, Sanitarium in Australia, Unilever (which makes UK Marmite) in Europe and the UK and Bokomo Foods in South Africa and Sub-Saharan Africa.

Selling the UK, or South African, spread with the name Marmite here infringes trade mark law, as New Zealand’s own Marmite made by Sanitarium in Christchurch, has been trade marked since 1921. Protecting the Marmite trade mark is also about protecting Kiwi jobs and Kiwi manufacturing. Sanitarium Marmite is proudly made by New Zealanders for New Zealanders.

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

What Winter? Temperature Records Set For June 20-22

The days around the winter soltice produced a number of notably warm tempertaures. More>>

Conservation Deal: New Kākāpō Recovery Partnership Welcomed

Conservation Minister Maggie Barry says the new kakapo recovery partnership between DOC and Meridian Energy is great news for efforts to save one of New Zealand’s most beloved birds. More>>

ALSO:

Tech Sector Report: Joyce Warns Asian Tech Investors View NZ As Hobbits And Food

Speaking in Wellington at the launch of a report showcasing the value of the technology sector to the New Zealand economy, Joyce said more had to be done to tell the country's technology stories overseas. More>>

ALSO:

Mediaglommeration: APN Gets OIO Approval For Demerger Plan

APN News & Media has received Overseas Investment Office approval for its plan to split out its NZME unit ahead of a potential merger with rival Fairfax Media's New Zealand operations. More>>

New Paper: Ninety-Day Trial Period Has No Impact On Firms' Hiring

The introduction of a 90-day trial period has had no impact on hiring by New Zealand companies although they are now in widespread use, according to researchers at Motu Economic and Public Policy Research. More>>

ALSO:

Corrections: Serco Exits Equity Stake, Remains As Operator

Serco has sold its equity stake in the company that holds the contract to design, build and run Wiri Prison in South Auckland but continues as sub-contractor to operate the facility. More>>

GDP: NZ Economy Grows Faster-Than-Forecast 0.7%

New Zealand's economy grew at a faster pace than expected in the first quarter of 2016 as construction expanded at the quickest rate in two years. The kiwi dollar jumped after the data was released. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news