When US food giant Kraft faces off next week in its lawsuit against Aussie cheese company Bega for allegedly violating its peanut butter trade dress, the court will be faced with the thorny task of unraveling a complex corporate transaction that left both companies claiming rights to the iconic trade dress.
A judge has shot down a bid by Kraft for extensive discovery from Bega, but granted its request for a so-called Sabre order against US company Mondelez, three weeks before trial kicks off in the case over who owns the rights to the iconic Kraft peanut butter trade dress in Australia.
The judge overseeing the lawsuit between Kraft and Bega over peanut butter trade dress rights has denied a request by non-party Mondelez to implement a restrictive regime to protect its trade secrets in certain transaction documents it has produced in the case.
Bega Cheese has brought new allegations against Kraft in their dispute over who owns the rights to the signature Kraft peanut butter packaging in Australia.
A Federal Court judge has shot down Kraft’s suggestion that his order blocking it from acting further in a US arbitration between it and Bega over peanut butter trade dress rights should only pertain to its claims and not Bega’s cross-claim.
A judge has granted Bega’s request to halt US arbitration proceedings between the Australian food maker and Kraft over peanut butter trade dress rights until a related case in Federal Court is resolved.