The battle for the word ‘butter’ came under the spotlight in the Gauteng High Court (Pretoria) when Clover took on Stork about the its latest ‘butter spread’.

The Star reports Clover – in its urgent application against Siqalo Foods, owners of the Stork brand – is aggrieved about the latest addition to the rival stable – the Stork Butter Spread. In its advertisement regarding its latest product, Stork said ‘the cream of butter spreads is here’.

But Clover told the court that this was misleading because it was definitely not butter.

According to Clover, this labelling misrepresents that it is pure butter and not a modified butter product. Clover wanted a final order interdicting the owners of Stork from using the word ‘butter’ on the presentation of this spread.

Clover argued that by claiming that this was a form of butter, the respondent contravened the Agricultural Products Act and the regulations relating to the classification, packaging and marketing of dairy products and imitation-related products.

Clover argued that the prominent word ‘butter’ in relation to the spread constituted unlawful competition. According to Clover, the matter was urgent because, they argued, the public should not be further misled into thinking it was a form of butter.

Acting Judge JS Nyathi said Clover made allegations of ‘reasonable likelihood’ of consumers and businesses such as the applicant suffering serious irreparable harm if the court did not step in urgently.

But the judge said Clover’s real motive for bringing the application was self-serving and this could never be regarded as a reason for an application to be heard on an urgent basis.

The judge struck the matter from the roll due to a lack of urgency and slapped Clover with the legal bill.

Full report in The Star