A2 Milk files Australian court action over trademark issue

A2 Milk has filed a law suit in Australia over trademark issues. Photo / File

Dual-listed a2 Milk has filed a claim against Australia's Care A2 Plus in the Australian Federal Court over intellectual property rights.

In its filing, a2 Milk said it took steps early this year to try and resolve the matter.

Lawyers for both parties exchanged letters but the correspondence did not resolve the dispute.

"The a2 Milk Co vigorously protects its intellectual property rights, including trademarks," a spokesman for a2 Milk said.

"We will not be commenting further at this stage given the matter is before the Court."

The respondents were named as Care A2 Plus Pty Ltd, Care IP Pty Ltd and Care A2 Australia Pty Ltd.

New Zealand-founded a2 Milk maintains that its products can help those consumers who have trouble digesting standard milk.

A2 Milk's dairy products and infant formula contain just the a2 beta protein, while standard milk contains both the A1 and A2 beta protein.

The company pioneered the technology that identifies and separates the two proteins, and has successfully marketed the concept.

Before Covid-19, a2 Milk's success made it one of New Zealand's biggest companies on the NZX by market capitalisation.

The company is a substantial player in the Australian fresh milk market and is a significant exporter of infant formula to China.

Other players including multi-national food giant Nestlé have since formulated their own products that contain just the a2 beta protein.

Care A2 Plus sells infant formula in Australia and Asia.

The company is chaired by Walter Bugno - a former managing director of Tim Tam owner Campbell Arnott's.

Care A2 Plus makes infant and toddler formula using from Australian grass-fed a2 cows in Victoria.

The company hit the headlines in July when the US Food and Drug Administration gave it approval to send formula to the US in order to meet its infant formula shortage.

New Zealand's a2 Milk and Fonterra - both far larger players in infant formula - had their applications deferred.