Insane in the grain

This time an infringement down under: Australia. In Australia some things are indeed turn around: Uggs is in the rest of the world a famous trademark for “sheep”shoes but in Australia a generic name whereas in the rest of the world Granola is a generic name for a type of breakfast cereal except in Australia, where this name is still a protected trademark of Sanitarium.

Of course, this trademark is put under a lot of pressure and this company is fighting against the dilution of its trademark. reports that several restaurants had to change the menu as it was mentioning Granola, however, not the Granola of Sanitarium but own developend Granola consisting of rolled oats, almonds, pepitas, hazelnuts, cashews, walnuts, maple syrup, butter and cinnamon.

One of the restaurants changed the menu description from “granola” to “Cereal, Nuts, Poached Pear & Sheep Yoghurt”, with the menu explaining:: “No it’s not . . . you can’t use ‘that name’ because it is a registered trademark. We don’t want to get sued — this is a dish of cereal and nuts toasted in maple syrup, spice and NOT ‘you know what’.”


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Knijff Merkenadviseurs


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