By DITA DE BONI
The makers of two of the country's best-known chocolate chip biscuits are headed to court in a stoush over their lookalike Christmas offerings.
South Islander Cookie Time is taking on Griffins Foods for what it alleges is a breach of section nine of the Fair Trading Act
with "conduct that was misleading and/or deceiving, or which was likely to be so."
Cookie Time claims that a new biscuit product Griffins has launched for Christmas is too similar to its own.
It is seeking an interim injunction against the biscuit maker, owned by a French-based multinational.
Cookie Time has sold a green-lidded red bucket full of mini versions of the company's signature chocolate chip cookie for 15 years.
More than 165,000 buckets are usually sold by students in the six weeks before Christmas each year.
Leading up to the festive season this year, Griffins has launched a new product, Holiday Wee Chocolate Chippies.
It also comes in a red bucket with a green lid.
Inside are the company's signature chocolate chip biscuits, known commercially as Chocolate Chippies.
Michael Mayell of Cookie Time was unwilling to say too much before the court hears the case. But he said the company had "invested a huge amount of time and money" in building the brand.
"We are not prepared to have that reputation and goodwill diluted or diminished."
Griffins refused to comment yesterday, but a spokesman said its new red buckets were already in stores.
The High Court is expected to set a date for the hearing today.
