The two dominant players in the local biscuit market in Ghana, Twellium Industrial Company Ltd., the producer of Mcberry Biscuits, and Nutrifoods Ghana Ltd., have clashed in court over the infringement of their trademarks, causing heightened excitement and anxiety in the industry.
The two major companies have now decided to settle their differences in court, which will serve as a test case for trademark infringement in Ghana after years of accusations and denials between them.
In the most recent case in the ongoing series between the two parties, Twellium Industrial Company Ltd. obtained an injunction against Nutrifoods for adopting and using a name that is identical to or confusingly similar to its Mcberry Breakfast Cereal biscuit brand. Royal Breakfast Cereal was the trademark name adopted by Nutrifoods Ghana Ltd. that sparked the most recent argument between the two groups.
In granting the petition for an interlocutory injunction, the court presided over by her ladyship, Adelaide Abui Keddey, justice of the High Court, was persuaded, among other things, that Twellium Industrial Company Ltd. would endure greater hardship if the application were denied and/or dismissed. Therefore, pending the substantive suit’s final resolution, the learned judge’s judgment prohibited Nutrifoods Ghana Ltd. and its assignee, agents, privies, etc. from producing, distributing, promoting, and selling Royal Breakfast Cereal Biscuit.
According to a trusted source on 1Family Radio, industry observers perceived Nutrifoods’ creation and distribution of the Royal Breakfast Cereal Biscuit as a form of retaliation.
It will be recalled that Alpha Cracker, a new brand of biscuits from Twellium Industrial Company Ltd., was introduced with the slogan “The New King in Town.” Evidently, Nutrifoods did not appreciate the new product’s motto because, in the company’s opinion, it is identical to that of its Royal King Cracker biscuit.
Nutrifoods brought a lawsuit to the High Court to impede Mcberry from using the phrase after a succession of failed attempts to do so. The action, however, was fatally wounded when it was deemed to be meritless.
Therefore, industry watchers viewed Nutrifoods’ introduction of the Royal Breakfast Cereal Cookie as an act of vengeance. The respondents’ decision to appeal the learned judge’s decision remains to be seen, notwithstanding the fact that the substantive case has not yet been heard.
Source: 1Familyradio