Peanut butter is big business in Australia. In 2017 the
Australian peanut butter market was worth $110 million in annual
sales. A brand recognisable to many Australians - Kraft peanut
butter - has been available for purchase in Australia since
1935.
The Federal Court recently handed down judgment in a dispute
between Bega Cheese Limited and Kraft Foods Group over the
appearance of product packaging (trade dress, also known as
"get up") and copyright in a "peanut butter jar with
a yellow lid and a yellow label with a blue or red peanut
device" (Kraft Foods Group Brands LLC v Bega Cheese Limited
(No 8) [2019] FCA 593).
The background to the dispute is complicated and involved
various restructurings, licence agreements and assignments between
the parties. In 2017 Bega bought the peanut butter business and
associated assets and goodwill from Mondelez Australia (Foods) Ltd,
a subsidiary within the global Kraft Foods group. After the sale
was concluded Kraft temporarily
