What's in a product name?

July 23, 2012, 6:18 pm Jackie Quist Today Tonight

A legal battle over the term 'granola' has gone on for two years, with a large food manufacturer forcing small businesses to drop the word.

Consumer

Former lawyers Bronwynne and John Calvert thought their courtroom days were over when they shunned their legal careers in favour of a tree change.

The founded the successful Victorian country bakery Irrewarra Sourdough, producing gourmet bread and breakfast granola until one day a letter arrived from cereal giant Sanitarium.

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Response statement

The Court has upheld that in the breakfast cereal category Granola remains a registered trade mark of Sanitarium which it has held since 1921. It also determined that the word granola has limited use as a generic descriptor.

Sanitarium will continue to invest in its trademarks as in doing so the Company continues to build its intellectual property and provide future growth opportunities.

It makes good practical business sense for all business operators to check trade mark information available from IP Australia at www.ipaustralia.gov.au.

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