Ann: Fonterra Legal Proceedings, page-13

So it is, but not (yet) on Jade.

Fonterra Brands and Bonland Cheese Trading were the plaintiffs; Bega Cheese the defendant.

This civil trial ran for 39 days, costing both parties megabucks. A decision on costs has yet to be made.

These are the most important decisions for BGA holders:

PLAINTIFFS’CLAIM
Constructionof clauses 3.1 and 3.2 of the Trade Mark and Licensing Agreements(‘TMLAs’)

Theprohibition on Bega’s use of the Trade Marks or similar trade marks islimited to Products as defined. I reject the plaintiffs’contention thatBega is precluded from using the Trade Marks or similar trade marks on anyproducts, save as expressly permittedby clauses 3.5 to 3.8 of the TMLAs.

Rectificationfor unilateral and common mistake

Ireject the plaintiffs’ contention that sub-paragraphs (a) and (b) ofclause 3.2 of each of the TMLAs should be rectified byadding the words‘on or in relation to any product whatsoever’. The plaintiffs havefailed to establish that when theTMLAs were signed on 8 May 2001 theymisapprehended that clauses 3.1 and 3.2 restricted Bega from using the TradeMarks or trademarks similar to the Trade Marks on or in connection with anyproducts without the plaintiffs’ consent unless expressly permittedby theAgreements.

and:

CONCLUSION

738 The plaintiffs’ claim and thedefendant’s counterclaim are dismissed. I shall provide the parties withan opportunityto make submissions on costs.