No one can own A2 protein but they can own the brand a2 on their milk. Its fairly clear that Lion was trading on the a2 brand in a attempt to increase their flagging sales. Using the argument that it naturally has A2 protein was a malicious attempt to confuse consumers. If it was to "educate the public" as Lion claims then differentiation of their milk would be required, something a long the lines of "naturally contains A2 and A1 protein would have served the public better.
Since you now seem to be bringing witness evidence into the court to prove the case for Lion how about this:
Judge to Plantiff. It would appear to me that if you need to prove your case then we need to hear some evidence
Lawyer for Plaintiff (LFP): Absolutely your Honour, I would like to call witness 1 to the stand
LFP to witness: What milk do you prefer to buy
Witness: I usually buy a2 milk
LFP: And when your saw Pura milk with "naturally contains A2 Protein" what did you think?
Witness: I thought, fantastic A2 milk protein at a lower price than a2 milk was selling for.
LFP: And would you have purchased it had you known that it also contained a1 protein?
Witness: I don't really understand any of the science, all I know is that I can drink a2 milk and not suffer any digestive issues compared with standard milk, that's why I always buy a2 milk because I don't seem to get the same reaction
LFP: Did you suffer the same reaction as standard milk when consuming Pura milk
Witness: yes I couldn't understand why until I found out that Lions milk was no different to what it always was. Now I understand that its not 100% a2 protein and I believe that is the difference.
JUDGE: So you believe that by Lions advertising the naturally contains A2 protein you were misled into believing it was the same as a2 milk?
Witness: Absolutely your honour
Call witness No2.....to witness No 25 (all provided similar evidence)
Witness No 26: I thought wow! a2 milk is now produced by Pura, at a lower price! Score!
I do understand the science behind a2 only milk so I was curious and looked on the back only to find its was not 100% pure A2 and that it also contained A1 protein, albeit written in very small print
LFP: So did you buy it?
Witness 26: NO but I thought it was an extremely clever ploy to trick others into thinking it was pure A2. Hats off to the Pura marketing team ay! I'm sure they increased sales purely on that bit of advertising.
JUDGE: I think there is more than enough evidence that Lion has misled the public by their advertising. I consider it to be a brazen and malicious attempt to trade on the a2 brand in an attempt to take market share away from a2mc.
I find for the plaintiff.
Lions case against A2milk:
Hokey lawyer for Lion (HLFL):Your honour can you feel the difference when you drink this glass of A2 milk as claimed in this slogan ?
JUDGE: Well Mr Hokey I'm probably not the best person to ask. I'm the judge wanting to form an opinion on the evidence. Maybe you would be best to call other witnesses that have had experience with both a2 milk and standard milk rather than just standard milk alone to see if anyone can testify that there is a difference.
HLFL: Ah oh your honour I don't actually have any witnesses but what I can say is that I can't taste any difference when I drink it
JUDGE: well Mr Hokey is the "difference" in the taste or in the "feel" I think these are two very different concepts. A "feel" may be an immediate or latent effect. Is it possible that some people may not have the same reaction to a2 only milk as they have to standard milk, hence the slogan feel the difference?
HLFL:Silence
JUDGE: Maybe the defendant in this case can help us out. Can the defendant call any witnesses that can attest to the so called "feel" of difference?
A2mc lawyer (A2L) Yes your honour
JUDGE: How many?
A2L: about 10,000 your honour and more if you like
Case dismissed, Lion to pay costs under schedule 2
A2M Price at posting:
$1.88 Sentiment: Hold Disclosure: Held
(20min delay)