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ARTICLE · 27 FEBRUARY 2023

The battle of the beers

Creators and innovators should register trade marks for distinctive features of their products as early as possible.

AustraliaIntellectual Property

The Federal Court of Australia has recently ruled in favour of the creators of 'Better Beer' for a misleading and deceptive conduct claim, which concerned the similarities in the packaging and production of Torquay Beverage Co Pty Ltd's 'Better Beer' and Brick Lane Brewing Co Pty Ltd's 'Sidewinder' beer.1

Acknowledging that while beer lovers have "a lot to choose from, and a lot to look out for", the Federal Court concluded that a reasonable beer consumer is likely to take reasonable care of their own interests!

Beer vs Beer

Brick Lane Brewing first issued a media release announcing its new 'Sidewinder' beer on 21 July 2021. Five days later, Mighty Craft made an ASX announcement that it would be partnering with Torquay Beverage Company, and social media influencers ' The Inspired Unemployed', to form Better Beer Co and launch 'Better Beer'.

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