The fierce rivalry within Ghana’s local biscuit industry has escalated to legal proceedings as the industry’s two prominent contenders, Twellium Industrial Company Ltd, known for its Mcberry Biscuits, and Nutrifoods Ghana Ltd, have found themselves entangled in a trademark infringement dispute.
Amid a flurry of allegations and counter-accusations, the two major players have opted to resolve their differences through the judicial system, setting the stage for a significant trademark infringement case in Ghana. The latest episode in their ongoing legal battles unfolds at the High Court, where Twellium Industrial Company Ltd has secured an injunction against Nutrifoods for alleged misuse of its trademarks.
At the heart of the dispute is Nutrifoods’ use of the brand name “Royal Breakfast Cereal,” which Twellium Industrial Company Ltd claims bears a striking resemblance to its Mcberry Breakfast Cereal biscuit brand. The legal confrontation is currently before the High Court, presided over by Justice Adelaide Abui Keddey.
In granting the motion for an interlocutory injunction, Justice Keddey considered several factors, including the potential hardship that Twellium Industrial Company Ltd could face if the application were denied or dismissed. As a result, the court ruled in favor of Twellium, restraining Nutrifoods Ghana Ltd, along with its associates, agents, and affiliates, from manufacturing, distributing, marketing, and selling the Royal Breakfast Cereal Biscuit until the final determination of the substantive legal case.
Observers in the industry viewed Nutrifoods’ production and sale of the Royal Breakfast Cereal biscuit as a retaliatory move. The dispute traces its roots back to Twellium’s introduction of a new biscuit brand called Alpha Cracker, accompanied by the tagline “The New King in Town.” Apparently, Nutrifoods took issue with the tagline, which it deemed too similar to its Royal King Cracker biscuit.
Efforts by Nutrifoods to prevent Mcberry from using the tagline proved unsuccessful, leading to Nutrifoods filing a legal action at the High Court in an attempt to halt Mcberry’s use of the tagline. However, this legal action was dismissed as lacking merit.
The subsequent launch of the Royal Breakfast Cereal biscuit by Nutrifoods was widely seen as a retaliatory response to Mcberry’s tagline dispute. While the substantive case is pending, it remains to be seen whether the parties involved will seek to appeal the ruling issued by Justice Keddey. The legal showdown between these industry giants underscores the importance of trademark protection and enforcement in Ghana’s competitive biscuit market.
