Peanut butter labels will be the topic of a High Court battle after Kraft Heinz announced it would challenge the Federal Court's ruling to allow Bega to use the famous yellow lids and the red and blue labels on its jars.
On April 14, Bega won a second Federal Court ruling after Kraft Heinz appealed the first case, which occurred last year.
“Even if there were a possibility that some reasonable consumers would be confused about the change in brands, conduct that merely causes confusion is not misleading or deceptive,” justices Lindsay Foster, Mark Moshinsky and Michael O'Bryan wrote in their decision on April 14.
Kraft Heinz said it was disappointed with the recent decision and had filed an application for appeal with the High Court.
The fight over product image and copyright ownership was sparked during a series of takeovers.
The Kraft company was bought by Heinz and the Australian products, including peanut butter, moved under the Mondelez umbrella that was bought by Bega.
When Bega bought the company it kept the branding colours.