In this episode of Elise Explains IP, Elise breaks down one of Australia’s most iconic branding disputes: the long-running legal battle between Kraft and Bega over the famous yellow peanut butter jar.

We explore how something as simple as packaging colour can become the centre of a multi-million-dollar IP dispute — and what the case teaches every business about trade marks, goodwill, restructures, and product claims.

Whether you’re building a brand, buying or selling a business, or thinking about internal IP structuring, this episode is packed with practical insights to help you avoid sticky legal situations.

What We Cover

✨ The backstory

How the Kraft peanut butter business was sold to Bega

Why the yellow jar became the centre of the dispute

How both companies tried to claim ownership of the same trade dress

⚖️ The Court’s key findings

Goodwill is a real asset — and can be sold

Each business line can have its own goodwill

Unregistered trade marks (including packaging/get-up) are part of that goodwill

You can’t transfer an unregistered trade mark without transferring the underlying business

Why Bega won both at trial and on appeal

📦 The packaging claim twist

Why Kraft’s label “Loved since 1935” was ruled misleading

The change they were forced to make

💡 Practical takeaways for business owners

Register your trade marks early — including trade dress

Identify all IP assets in business sale agreements

Avoid common mistakes when setting up IP holding companies

Make sure all packaging claims are accurate and compliant with ACL

Resources & Links

ACCC guidance on misleading claims: https://www.accc.gov.au/consumers/advertising-and-promotions/false-or-misleading-claims

IP Australia Trade Mark Search: https://search.ipaustralia.gov.au/trademarks/search/quick

Previous episodes on trade mark basics and brand protection

Connect with Elise

LinkedIn: https://www.linkedin.com/in/elisesteegstra/