Court 'nut' impressed with duplicate USA/AUS
proceedings
On 20 April 2018, the Federal Court of Australia ordered an
injunction against United States arbitration proceedings initiated
by Kraft Foods Group Brands LLC (Kraft) against
Bega Cheese Limited (Bega) in relation to the sale
and promotion of Bega peanut butter in what Kraft alleges is
misleading or deceptive get-up.1
Justice O'Callaghan restrained the United States
arbitration, on the grounds that it could affect proceedings
between the parties already underway in Australia.
Sweet agreement turns salty
In 2012, Kraft granted Mondelez International Inc
(Mondelez) a licence to use the KRAFT trade mark
and related trade dress in connection with certain products in
certain territories (Master Agreement). 'Trade dress' is a
term used in United States trade mark law that refers to the
appearance of product packaging. In this case, the relevant trade
dress is comprised of the combination of a yellow-lidded
