In a recent New Zealand High Court decision, almost twelve thousands miles away, 108 boxes of the much-loved British breakfast cereal WEETABIX has been ordered to be destroyed.

Sanitarium’s famous WEET-BIX brand enjoys statutory trade mark protection in NZ dating back to 1928 and the import of boxes of WEETABIX into New Zealand by British specialty store A Little Bit Of Britain Limited raised alarm bells leading to claims of trade mark infringement.

"The issue is the potential and real threat of Weetabix coming into this market and cashing in on this great brand that Kiwis love," Sanitarium's Rob Scoines told the New Zealand Herald.

Whilst the NZ High Court came to the conclusion that only a small number of consumers were likely to be confused between the brands, Justice David Gendall ordered that future importation and sale of products bearing the WEETABIX mark in NZ was only permitted provided the WEETABIX trade mark was covered up and was only sold in A Little Bit Of Britain’s specialty store. The court also ordered that the seized boxes of WEETABIX be destroyed given they were past their use by date.