The local biscuit industry in Ghana is witnessing a heated legal dispute as two major players, Twellium Industrial Company Ltd (manufacturers of Mcberry Biscuits) and Nutrifoods Ghana Ltd, are embroiled in a trademark infringement case. The dispute has generated significant excitement and tension within the industry and is poised to set a precedent for trademark infringement cases in Ghana.
The latest legal clash between the two companies revolves around allegations of trademark misuse. Twellium Industrial Company Ltd secured an injunction against Nutrifoods Ghana Ltd for allegedly adopting and using a brand name, Royal Breakfast Cereal, that is identical or confusingly similar to its Mcberry Breakfast Cereal biscuit brand.
The case is currently pending at the High Court, where Twellium Industrial Company Ltd successfully obtained an interlocutory injunction. Justice Adelaide Abui Keddey, presiding over the case, granted the injunction to prevent Nutrifoods from producing, distributing, marketing, and selling Royal Breakfast Cereal Biscuit until the final determination of the substantive lawsuit.
The court’s decision was influenced by the belief that Twellium Industrial Company Ltd would face greater hardship if the application for the injunction was refused or dismissed.
The legal dispute between the two biscuit manufacturers has its roots in a series of accusations and counter-accusations. It began when Twellium Industrial Company Ltd introduced a new biscuit brand called Alpha Cracker, accompanied by the tagline “The New King in Town.” Nutrifoods Ghana Ltd took issue with the tagline, considering it similar to its Royal King Cracker biscuit.
Nutrifoods attempted to stop Twellium from using the tagline, but its legal action was unsuccessful, as the court dismissed it as lacking merit. In response, Nutrifoods launched its Royal Breakfast Cereal biscuit, which some industry observers interpreted as a retaliatory move.
The substantive case has yet to be heard, and it remains to be seen whether the respondents will appeal the recent ruling by Justice Keddey.
The legal battle between these prominent biscuit manufacturers has generated significant attention within the industry. The outcome of this case will likely have broader implications for trademark disputes and intellectual property rights in Ghana.
As the legal proceedings progress, industry stakeholders and observers are closely monitoring the developments, as they could shape the future landscape of trademark protection and competition within the Ghanaian biscuit market.
