The A2 Milk Company has won a trademark lawsuit against rival infant formula producer, Care A2 Plus, at the Federal Court of Australia.
The A2 Milk Company holds several registered trademarks in Australia, including ‘A2 Milk’ and A2′, covering products such as milk and infant formula.
Care A2 Plus produces and markets infant and toddler formula in Australia using ‘Care A2+’ branding.
A2 first filed the lawsuit in 2023, alleging Care A2 Plus infringed its trademark in breach of the Australian Consumer Law.
The New Zealand-based dairy company claimed that Care A2 Plus knowingly used similar ‘A2/A2+’ branding despite demands to stop and engaged in litigation tactics that increased costs. The plaintiff said it was entitled to damages or an account of profits.
During the hearing on Thursday, the court ruled in favour of A2 Milk, but required both parties to make further submissions before it makes the final orders on relief, including damages and costs.
While Care A2 Plus argued that its packaging was distinct, the court said the prominent ‘A2/A2+’ branding would likely signal a connection to A2 Milk.
According to the court, a reasonable consumer encountering Care A2’s products for the first time would likely assume a connection with A2 Milk or believe they are part of A2 Milk’s range or endorsed by the company.
- Further reading: A2 Milk reaches deal to settle shareholder class action.
