Cookie Time Wins Interim Injunction

Friday 24 November 2000

From Guy Pope-Mayell, Director Cookie Time Limited

Cookie Time Wins Interim Injunction Against Griffins

The maker of New Zealands best-known Cookie, Cookie Time Limited, was successful today in the Auckland High Court in obtaining an Interim Injunction against Griffins Foods.

Cookie Time filed proceedings on the grounds that a new biscuit product Griffins had launched for Christmas was too similar to its own, and breached the Fair Trading Act.

Over the past 15 years Cookie Time has sold a specially formulated bite size cookie in distinctive red buckets with green lids marketed by tertiary students throughout New Zealand.

Guy Pope-Mayell and Michael Mayell, founding directors of Cookie Time who both attended the court proceedings were pleased to see the law was there to protect Cookie Time.

“When we first saw the Griffins product we couldn’t believe how closely it resembled ours.”

“In response to our initial letter to Griffins advising them of our concerns, they stated that our claims were without foundation.”

“Our evidence clearly demonstrated that the Griffins bucket and label were very similar, and that confusion in the market had occurred and was likely to continue to occur.”

"We were concerned to find that Griffins buckets were only 60% full. Their 375g compares to our full to the brim 650g. Additionally we did not want Cookie Time associated with a biscuit style product... we make fresh cookies without preservatives."

Griffins attitude toward Cookie Times legal action was summed up by their closing statement “that the parties slug it out in the market place.”

The Interim Injunction means that Griffins will have to cease selling their buckets of biscuits.

“Our 62 student sellers will now be able to concentrate on their job, and not have to deal with customers who think the Griffins product is ours.”

“A huge investment of time and money has been wasted because of Griffins actions, and unless they change their attitude we are heading for a full High Court Hearing some time next year.”

End.

For further information contact:

Guy Pope-Mayell Cookie Time Limited 789 Main South Road Christchurch Ph (03) 3517736 Fax (03) 3515888 email guy@cookietime.co.nz

David Lynch Momentus Public Relation Limited P O Box 36321 Christchurch Ph (03) 3554422 Fax (03) 3553336 Mobile (025) 2269409 email david@momentus.co.nz

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