Granola grain or Trade Mark: Sanitarium Health Food Company v Irrewarra Estate Pty Ltd

In the case Australian Health & Nutrition Association Ltd t/a Sanitarium Health Food Company v Irrewarra Estate Pty Ltd t/a Irrewarra Sourdough  [2012] FCA 592 (8 June 2012) Jagot J considered whether the word “Granola” was being used as a name or a trade mark.  

Sanitarium and ACA argued  GRANOLA was a trademark registered in Australia. While the first (Irrewarra Sourdough), second and third respondents argued the case was about granola, a breakfast food made from oats, wheat, nuts and dried fruits, mixed with oil and toasted. 

At issue was whether there had been infringement Trade Marks Act 1995 (Cth) under s 120(1) and whether respondent’s used as the description Granola as a “trade mark”.

Jagot J held that there had been no infringement saying:

“In any event, and for the reasons given, I am satisfied that Irrewarra is not using the word granola as a trade mark on its products.  As such, Sanitarium has not established any infringement and Mr and Mrs Calvert cannot be liable as joint tortfeasors.  The proceedings should be dismissed with costs.” 

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