The George and Jo's branding is exiting following extensive shopper research and as part of a wider commercial strategy Brinks says. Image / File
The George and Jo's branding is exiting following extensive shopper research and as part of a wider commercial strategy Brinks says. Image / File
The Brinks George and Jo's brand of free-range chicken will be pulled following a legal battle with the Hawke's Bay company Bostock Brothers.
Organic chicken business Bostock Brothers, run by Ben and George Bostock, learnt this week that the George and Jo's brand by Brinks will be removed from shelves.
The brothers took legal action in 2019 saying it was in breach of the Fair Trading Act for making false and misleading representations to consumers. They were also concerned about its similarities to their own branding causing confusion.
In 2019, George Bostock said Brinks was representing to consumers that George and Jo's is a small family business, when it is actually a large-scale commercial operation.
"By using the word 'George' to represent the fake people, they are causing confusion and deception in the marketplace."
That was hurting the Bostock brand and business, he said.
IPONZ communications officer Joshua Ramsay said Brinks' trademark applications for George and Jo's, that were initially accepted by it before a challenge by Bostock, were withdrawn by Van Den Brink voluntarily during the procedural stages of the opposition, on September 4.
"This ended the opposition proceeding without the need for a hearing. In these cases the successful party (being Bostock) can claim costs which is a routine and standard practice in these situations.
"The amount of costs they can claim reflects the steps that have been taken in the proceeding.
"No formal costs determination has been made yet."
George and Ben Bostock learnt this week that the George and Jo's brand by Brinks which they took legal action about will be removed. Photo / File
The brothers said the withdrawal marked "the resolution to an issue that gained national awareness".
"The Bostock Brothers would like to thank Brinks for doing the right thing and withdrawing their trademarks and branding," the statement said.
Van Den Brink Poultry general manager Greg Lawrence said following extensive shopper research and as part of a wider commercial strategy, a new free range 100 per cent antibiotic free chicken brand will be launching and the George and Jo's brand will be exiting "so we are able to better deliver to our shopper needs".
"As such, there is no longer a case in relation to claims made by Bostock."
