Who Owns the Yellow Jar? The Kraft v Bega Peanut Butter Battle - Ep 4

In this episode of Elise Explains IP, Elise breaks down one of Australia’s most iconic branding disputes: the long-running legal battle between Kraft and Bega over the famous yellow peanut butter jar. We explore how something as simple as packaging colour can become the centre of a multi-million-dollar IP dispute — and what the case teaches every business about trade marks, goodwill, restructures, and product claims. Whether you’re building a brand, buying or selling a business, or thinking about internal IP structuring, this episode is packed with practical insights to help you avoid sticky legal situations. What We Cover ✨ The backstory How the Kraft peanut butter business was sold to Bega Why the yellow jar became the centre of the dispute How both companies tried to claim ownership of the same trade dress ⚖️ The Court’s key findings Goodwill is a real asset — and can be sold Each business line can have its own goodwill Unregistered trade marks (including packaging/get-up) are part of that goodwill You can’t transfer an unregistered trade mark without transferring the underlying business Why Bega won both at trial and on appeal 📦 The packaging claim twist Why Kraft’s label “Loved since 1935” was ruled misleading The change they were forced to make 💡 Practical takeaways for business owners Register your trade marks early — including trade dress Identify all IP assets in business sale agreements Avoid common mistakes when setting up IP holding companies Make sure all packaging claims are accurate and compliant with ACL Resources & Links ACCC guidance on misleading claims: https://www.accc.gov.au/consumers/advertising-and-promotions/false-or-misleading-claims  IP Australia Trade Mark Search: https://search.ipaustralia.gov.au/trademarks/search/quick  Previous episodes on trade mark basics and brand protection Connect with Elise LinkedIn: https://www.linkedin.com/in/elisesteegstra/  Website: www.elisesteegstra.com