A2 Milk wins Australian court fight over Care A2+ trade mark dispute

A2 Milk chief executive David Bortolussi. Photo / Supplied

A2 Milk says a Federal Court of Australia decision has validated its view that its trade mark was infringed on by Australia’s Care A2.

Dual-listed a2 Milk had brought proceedings against Care A2 parties alleging infringement of its five trade marks under Australian consumer law.

In separate proceedings, Care A2 had challenged the validity of a2 Milk’s trade mark registrations.

“We welcome the court’s finding that our a2 Milk trade mark is valid and that our trade marks were infringed by Care A2+,” a2 Milk chief executive David Bortolussi said in a statement.

“The finding that Care A2+’s conduct justified additional damages, recognising the flagrant nature of the infringement, is also very positive,” he said.

“Our action reflects a2MC’s [a2 Milk Company’s] commitment to protect its intellectual property, including our a2 trade mark, with vigour,” he said.

A2 Milk products use A1 beta-casein protein-free milk as the milk source, as opposed to standard milk, which contains both the A1 and A2 beta proteins.

In 2022, a2 Milk filed a statement of claim in the Federal Court of New South Wales against Care A2 Plus, alleging trademark infringements.

In turn, Care A2 had challenged the validity of a2 milk’s trade mark registrations and had sought to cancel, rectify or limit its five registered trade marks.

Jamie Gray is an Auckland-based journalist, covering the financial markets, the primary sector and energy. He joined the Herald in 2011.

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