Dick Smith must withdraw OzEmite yeast spread from retail shelves according to a ruling from IP Australia in favour of the competing AussieMite.
In 2012, Dick Smith launched OzEmite on to the shelves next to AussieMite, which has been made by Roger Ramsey and his daughter, Elise since 2001.
“After years of confusion, I am delighted that the trademark umpire has ruled that the name AussieMite is ours and that Dick Smith must pull his copycat, same sounding product off the shelves,” said Ramsey.
“We’re the only AussieMite that can be legally sold in Australia following this decision by IP Australia.”
Ramsey said he hoped that Dick Smith would abide by IP Australia’s ruling and not appeal the decision.
“Mr Smith is to be admired for his charitable work – but he’ll just have to support it with a product name that’s not ours,” Ramsey said.
Ramsey said that AussieMite had led the market with a commitment to no artificial additives or preservatives, a high proportion of Australian inputs (almost 90 per cent) and low sugar and salt content.
AussieMite is also high in vitamin B complex, is non-GM and is certified as gluten free.
