Clash over ‘Splash’

THE COUNTRY’S two major dairy companies are fighting over a “splash” of milk. Nestle (Trinidad) Ltd and Dairy Dairy Products Limited have gone to court over who has the right to use a “splash” in their packaging and advertisement of milk.  The intellectual property or copyright infringement case continued yesterday in the Second Civil Court, Port-of-Spain under Justice Amrika Tiwarie.

Nestle’s use of a picture of splashing milk on their packaging and advertisements has resulted in the company being sued by Dairy Dairy Products Limited. Nestle contended  that splashes are used internationally in packaging and advertising in the food and beverage industry. However, Dairy Dairy said it was the first locally to use the image of milk splashing on  its packaging and advertisements. It was also a registered trademark. The argument before the court was that from June 2000, the packaging of Nestle powdered Klim displayed milk pouring into a glass. All this changed in June 2002, when a “splash” was added —  the trouble then began. Nestle  asserted  that the addition of the splash did not make the packaging all that similar to the one opted by Dairy Dairy. However, Dairy Dairy claimed the splash adopted by Nestle became the most prominent feature of their advertising as it was for Dairy Dairy. Dairy Dairy is seeking  to have Nestle discontinue the use of the splash in its advertising and packaging of milk. Dairy Dairy is represented by Russel Martineau SC while  Ravi Nanga, Neal Bisnath and Wendy-Fae Thompson are representing Nestle.