Case of violation of the Weetbix mark in court

A battle between two breakfast cereals is over at Christchurch High Court

Sanitarium, which makes Weetbix, is suing a local shop owner who wants to import and sell the British grain, Weetabix.

The grain manufacturer says the imported version looks too much like its own brand.

Sanitarium asked customs to stop a Weetabix shipment from It was imported and sold by Lisa Wilson, who owns a store selling products from the UK to the British, known as "A little

She told the court that she did not think that there was a likelihood of confusion or deception in selling the product.

"Weetabix's box actually has the UK Stirling Book price written on the front." From the box, I've never had a body asking why our Weetabix are so expensive when thinking about it. They were New Zealand products, they know they are British Weetabix while we sell British groceries. "

Ms. Wilson said time was running out for her order Weetabix be released by Customs, so that she can recover transportation costs. I want the stock to be released as soon as possible since the goods are perishable, but I am not ready to re-label them because I do not accept that the Sanitarium could interfere.

"I am ready to provide a commitment that the company and I will only sell the product through specialized stores, specialty stores and specialized websites.

Wilson's lawyer, Kevin Glover, said the Weetbix brand was similar to Weetabix.

"There are only a few people who will go through the doors to look at the store and then, if they go to the store and want to buy, chances are they're British. ex- "

A lawyer speaking on behalf of Customs New Zealand told the court that his chief executive had called for the detention of Weetabix, which has remained under lock and key until now.

Sanitarium said that she offered to pay to have the Weetabix logo covered, but Ms. Wilson refused.

The company has already stated that Weetabix could come into the country and cash a brand. that New Zealanders liked

The case is to end tomorrow, with a decision on the issue of whether there has been violation of the mark Weetbix likely to be reserved.