Battle of the breakfast biscuits heats up as Sanitarium takes Weetabix importer to High Court

Sanitarium is trying to block the importation of Weetabix.

The battle of the breakfast biscuit has escalated to the High Court in Christchurch, with cereal giant and Weetbix-maker Sanitarium taking legal action against local retailer A Little Bit of Britain, over its importation of Weetabix.

The food manufacturer is trying to block a shipment of 360 boxes of the British cereal Weetabix, saying the product infringes its long-held trademark for Weetbix.

Sanitarium has said the store is able to receive the goods, which have been held by customs at the border since last June, but only if they cover over the branding on the box with a sticker, so as to minimise any confusion.

But Lisa Wilson, owner of A Little Bit of Britain, says that's unnecessary. Arriving at the High Court in Christchurch this morning, the shop owner said it’s a matter of principle.

"We are here because we believe we should be able to sell it. We don’t think it’s a trademark infringement, and we don't believe people would be confused or deceived by Weetabix," Ms Wilson said.

But in court, Sanitarium’s lawyer Clive Elliott QC said this is a simple case.

"It's about the infringement of an iconic New Zealand trademark. Weetbix has been a staple of New Zealand households for 90 years, and is purchased by over fifty percent of New Zealand households," Mr Elliot said.

Rob Savage, the former owner of A Little Bit of Britain, flew back from England to watch the trial. He had his own battle with Sanitarium in 2012 when they took issue with his store selling a British version of Marmite.

He said there's no confusion between the two wheat biscuit products, as the name and packaging are different.

"It's nonsense. It's an absolute nonsense. If you're confused, then you should've gone to Specsavers."

The trial's expected to last three days.

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