US food giant Kraft Heinz are taking their battle with Bega over the use of the yellow trade dress for peanut butter jars to the High Court.
The stoush began in 2017 when Bega acquired Mondelez Australia, then a subsidiary of Kraft, obtaining the peanut butter business and assets in the sale.
However, Kraft continued to sell peanut butter in similar jars, with both brands featuring yellow lids and similar labelling.
Bega took Kraft to court over the packaging and won, later also winning Kraft’s appeal.
However, Kraft has now filed for the matter to be heard in the High Court.
General Manager of Bega Foods Adam McNamara told Nine’s A Current Affair this week the company was confident a ruling in their favour would be upheld.
“It’s been considerable time and investment but I guess we feel very strongly about our position and will defend that position,” Mr McNamara told the program.
In a statement following the acquisition of the former Kraft Peanut Butter factory, the company said consumers would see a “slightly refreshed packaging”.
“Despite the label change, Bega assures Australian that the Peanut Butter they love is exactly the same… the same ‘never oily, never dry’ recipe,” it reads, “The only difference: it is now owned by an Australian company.”