find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
In-House Legal Counsel (Mid to Senior)| Regulated Markets (Energy and Gas)
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Full PD on Request · Exciting High Impact Role
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Woolworths faces court battle to use "honest to goodness"

Woolworths faces court battle to use "honest to goodness"

Woolworths and Sydney organic food supplier Organic Marketing Australia Goodness are set to go head-to-head in a trial this July after the parties failed to reach agreement during mediation last…

Woolworths and Sydney organic food supplier Organic Marketing Australia Goodness are set to go head-to-head in a trial this July after the parties failed to reach agreement during mediation last week.

Organic Marketing Australia, which trades as Honest to Goodness, first went up against Woolworths in March in a fight over the supermarket's latest marketing campaign.

Launched in the Federal Court of Australia on 16 March, Organic Marketing Australia alleges that Woolworth's Honest to Goodness Family Meals campaign that features the prominent cook Margaret Fulton infringes its intellectual property, objecting to the use of the phrase "honest to goodness".

In Woolworths' Honest to Goodness campaign, the supermarket's "fresh food chef" Margaret Fulton states, "I'm proud as punch to be bringing my Honest to Goodness Family Meals to Woolworths" and promises honest prices and fresh food.

"Woolworths has stated publicly that they continue to be open to discussion with us to resolve this issue, however this is a far stretch from the truth," said the founder and managing director of Honest to Goodness Matt Ward.

"They are being totally unreasonable and are not playing fair. They appear more than happy to try to bring us, our business and everything we have worked hard for down to preserve their latest marketing campaign. There is not a lot of honesty or goodness there."

Following an interlocutory hearing on 25 March, a Woolworths spokesperson said the supermarket strongly denies the allegations made by Organic Marketing Australia.

"We maintain that 'honest to goodness' is a commonly used term which Woolworths and other parties should be free to use," the spokesperson said.

"The phrase 'honest to goodness' describes something which is essentially simple and genuine and in the context of Margaret Fulton's family meals, also nutritious. We will continue to work with the parties involved to resolve this matter."

The trial will commence on 18 July.

Mallesons Stephen Jaques is representing Woolworths and Thomsons Lawyers is representing Organic Marketing Australia.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Woolworths faces court battle to use "honest to goodness"
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Law Council of Australia
06:04
LCA calls for urgent adoption of ‘game-changing’ recommendation
The Law Council of Australia has urged for the immediate adoption of a key recommendation put forwar...
Sally Wheeler
Nov 20 2017
ANU College of Law appoints new dean
A distinguished legal academic and the former head of law of a higher education institution in Irela...
Violence
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...