An interesting development out of the United States, involving a
dispute between Kraft-Heinz (Kraft) and Bega Cheese Limited (Bega)
which is now before the New York Federal Court is highlighting the
importance of properly drafted Intellectual Property Licence
Agreements.
The proceedings follow from Bega's recent acquisition of
Mondelez International's Australian and New Zealand food range,
including Vegemite and Kraft's "never oily, never
dry" peanut butter recipes. As part of the acquisition, Bega
asserts that it purchased the manufacturing facility at Port
Melbourne, skilled staff, as well as the associated intellectual
property rights.
These intellectual property rights include rights to the design
of the jar with the yellow lid and label typically used by Kraft
for its peanut butter, and now by Bega, which has introduced
"
slightly 'refreshed' packaging" for its
Bega-branded peanut butter.
