A small British food store in New Zealand is fighting for its right to sell Weetabix
Weetabix, the crisp grain biscuit that turns to mush in milk, is a product that Lisa Wilson likes to stock for her customers.
She lives in New Zealand and owns a business called A Little Bit of Britain. And as that name suggests, she imports snacks and food from Britain — including Weetabix.
But recently, Wilson learned that a shipment of her cereal had been seized by customs agents. And she says that followed a complaint from Sanitarium, a company that produces another cereal called Weet-Bix.
In a statement to the Guardian, Sanitarium general manager Rob Scoines, stood by the decision.
"The Weet-Bix brand is protected by international law and in turn it is often precluded from being sold in other global markets due to the Weetabix trade mark," he said.
Wilson spoke with As It Happens guest host Laura Lynch about her fight to #FreetheWeetabix. Here is part of their conversation.
Laura Lynch: How did you learn that you wouldn't be getting your order of Weetabix?
Lisa Wilson: We got a call from our shippers who deal with all our importing of the food to say that New Zealand customs have been asked to … come out and inspect the pallets and the container.
And I had a slight suspicion then that it was probably the Weetabix, since this has previously happened to the old owner. Turns out it was, and customs have held up the pallet for Sanitarium.
LL: And how many boxes are we talking about?
LW: I think there's roughly 300 odd on the pallet.
LL: How do you know that the cereal was seized because of this company Sanitarium that produces the other cereal, Weet-bix?
LW: I guess I knew from the previous owner that they had gone on with him before about the same case.
After customs informed me that it was the Weetabix and then later on that night I got a call from Sanitarium saying. was I aware that they had held up the pallets, and that they would send me an agreement through later on.
LL: What has Sanitarium said about why it doesn't want your cereal in New Zealand?
LW: They have a trademark on Weet-bix. So they feel like Weetabix is a trademark infringement. Which I disagree with because for trademark infringement you've gotta confuse, deceive or pass it off and we're not trying to confuse any customers that Weetabix is the same as Weet-Bix.
In fact we're kind of doing the complete opposite. We only pretty much have British expats, obviously, buy the product and that's what they're brought up on. We don't have any Kiwis come into our little speciality stores buying Weetabix because they're all brought up on Weet-Bix.
LL: But to be fair, Ms. Wilson, the cereals are pretty similar. They're both these biscuits made of wheat and they have very similar names. So doesn't Sanitarium have a point?
LW: I just don't feel they do. You know, one's obviously manufactured in the U.K. and then Sanitarium's in New Zealand or Australia.
And we just got completely different customers and if you actually taste them they do taste different.
LL: According to the Guardian, Sanitarium has said it will let you have the cereal if you place a sticker over the Weetabix label and blank out the name online, and I'm wondering what your response is. Are you going to cover up the labels?
LW: No, we've went back to them and said you know we don't feel like we need to do that because we don't feel like it's a trademark infringement.
Another thing is we never would have our products on the same shelf next to each other. Ever. Because, well for starters Weetabix only sells in British little food stores around New Zealand.
LL: How far are you going to take this fight in the name of breakfast cereal?
LW: Well, we've kind of said to them that we would intend to put it in front of a judge.
LL: You will go to court to fight for your right to Weetabix?
LW: Yes.
This interview has been edited for length and clarity. For more, listen to our conversation with Lisa Wilson.