Protecting Marmite’s Kiwi Trade Mark – Settlement Reached

13 February 2013

Protecting Marmite’s Kiwi Trade Mark – Settlement Reached

Sanitarium is pleased to announce that a settlement has been reached with an importer of UK Marmite ahead of next week’s scheduled court hearing on trademark infringement issues.

The agreement will see the 1,908 jars of Queen’s Jubilee UK Ma’amite, currently detained by NZ Customs, released for sale in New Zealand as a one-off. The Ma’amite will only be able to be sold through specialist outlets for UK imported products. The back of the jars will be relabelled so that the word Marmite is not visible.

The Marmite trade mark protects Sanitarium’s Kiwi-made Marmite as the only spread that can be sold here under that name. That is why imports of UK Marmite must be relabelled prior to sale in New Zealand. However, Sanitarium has always been open to reaching an agreement that would allow the special edition Ma’amite to be sold in New Zealand while protecting the Marmite trade mark and is pleased that agreement has now been reached without the need for a court hearing.

The agreement also protects Kiwi-made Marmite’s trade mark into the future. Under the deal, the importer must relabel any subsequent imports using the word Marmite prior to sale here and the Customs Notices will remain in place to allow any future imports of products infringing Sanitarium’s Kiwi trade marks to be detained.

The case was due to be heard in the Christchurch High Court on Tuesday 19 February. Today’s settlement means that hearing will not go ahead.

ENDS

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