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Australia's Bega Cheese wins peanut butter labelling dispute with US food giant Kraft
Wedyan AlObaidan
60088936
17-May-2022
Question: 01
What are the branding elements that are the same on the two brands of peanut butter?
In 2013 Kraft Foods limited restructure and renamed as Mondelez Australia. In 2017
Kraft sold assets and peanut business to Bega cheese. Bega Cheese involved in deceptive and
misleading conduct because it acquired the right to utilize the lidded peanut and yellow labeled
1. Color scheme
Peanut butter jar of both Bega and Kraft consist of red, blue, white and yellow which
reflects high similarity and same packaging. Bega just made slight difference to light the overall
color scheme.
2. Tagline
"Never oily, never dry" reflects the similar label with just sight different of color scheme.
Moreover, Bega just tilted the tagline but the company name and product name located at the
same position.
3. Logo
Bega copied the same logo of Kraft with similar tagline, font size, location and image.
Only the colors are shuffled and slight difference in logo is made to avoid exact similar issue.
4. Shape
Overall shape, font, color scheme, similar tagline, and design reflect that both shape of
Question: 02
restructure and rename as Mondelez Australia and granted proper license to use the packaging
and label brand on its peanut butter. In 2017 Mondelez sold assets and peanut butter to Beg
Cheese which starts producing similar products with same lidded jar and yellow labeled
(Deborah Jackson, 2020). So, the main reason behind the same label and packaging is that
Mondelez sold the license to use the assets and products. David O'Callaghan disclosed that
Bega acquired legal right to utilize the lidded peanut and yellow labeled jar from Mondelez
Australia. According to justice Callaghan Australian company is Entitles exclusively to utilize the
same label and packaging on its products. This was the main reason which entitles Bega to use
Question No: 03
Evaluate the following statement: “It is a good thing for brands to try to pirate your
allowed business of copyright and design right. Piracy provides to make illegal copies.
Trademark piracy is a food option because it showed that business ensure worth copying in the
market. Moreover, piracy gives a stronger access to brand in marketplace. Brand ensures long
term retention to brand in marketplace because original brand stay protected and new entrants
bring innovation in existing product features (Yoo & Lee, 2005). Moreover, pirated trademark is
also good for competitors because they copied existing pirated trademark rather than making
new private label. It enlace the overall worth and reputation of pirated trademark.
Question no: 04
What could the impact be on the brand if we allow other companies to copy our branding?
Strong brand image need much time, cost, and struggle to build. If the other companies
Copy right issues lost the product originality and actual worth. Customer builds
emotional connection and show high loyalty toward associated brand. If brand provide
Brand reduces reliability, authenticity, and actual worth after copyright (Yang & Yuan,
2022). After losing the unique identity the market value and reputation of brand ultimately
affected negatively.
Customers are the main sources of revenue which provide actual strength and
reputation to brand. When brand transfer and lost the actual identity confusion about the
original brand arise. In this way brand lost the emotional connection and loyalty factor lost
Deborah Jackson. (2020). Bega vs Kraft: The peanut butter saga comes to an end. Retrieved
https://www.c-store.com.au/bega-vs-kraft-victory-for-the-little-guy/
Yoo, B., & Lee, S. H. (2005). Do counterfeits promote genuine products. Hofstra University,
Hempstead, NY.
Yang, B., & Yuan, T. (2022). Trademark and IPO underpricing. Financial Management, 51(1),
271-296.