The General Jurisdiction Division of the High Court has rejected claims by Nutrifoods Ghana Ltd that Alpha Cracker biscuit produced by Twellium Industries Ltd is an imitation of its King Cracker biscuit which has been in production, sale and distribution since 2014.

The court held that the producers of King Cracker biscuit failed to provide evidence that the wrapper of the Alpha Cracker biscuit produced, distributed and sold since October 2022 created confusion in the mind of the public between the two biscuits.

The High Court presided by the learned Justice Kwasi Adjenim-Boateng relying on sections 1(1), 1(2)(c) & (d) as well as 2(1) and 2(2)(c)(d) & (e) of the Protection Against Unfair Competition Act, 2000 (Act589) and a host of Ghanaian, English and South African cases rejected the contention of the plaintiff-King Cracker biscuit producer, Nutrifoods Ghana Ltd.

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Instructively, the Court per its judgement dated 18th December, 2023 reported on The Law Platform Case Report held that the plaintiff-food processing company's allegation against the Alpha Cracker biscuit manufacturer is borne out of fear of competition, an argument canvassed by lawyers for Twellium Industries led by the learned Emmanuel Bright Atokoh.

The Court accepted the itemized distinguishing features of both biscuits and appeared to accept the evidence of one Alhaji Mustapha Mohammed of Nima, Accra, a distributor of products of Twellium Industries that customers request for products by names and not colours as forcefully contended by Nutrifoods.

The Court therefore refused the reliefs of Nutrifoods Ghana Ltd which included "An order for the delivery up for destruction of all ALPHA CRACKER Biscuits in the possession of or under the custody of the Defendant or its agents" which Lawyers for Twellium Industries contended run into millions of cedis.

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This judgment preceded an injunction application filed by Twellium Industries this time around against Nutrifoods for imitating their Breakfast Cereal biscuit. The application was heard and granted by the Commercial Division of the same High Court on 25th of September, 2023. The said biscuits are pictured below:

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