Doughn’t Look Like A VoVo? Arnotts Alleges Trademark Infringement Against Krispy Kreme

It appears that doughnuts and biscuits can drive some people crackers, particularly when it involves a great Australian icon such as the Iced VoVo.

Arnotts, maker of the delectable VoVo biscuit, has recently threatened legal action against doughnut chain Krispy Kreme if it doesn't stop promoting and selling its similar sounding "Iced Dough-Vo" doughnuts, which also happens to be covered by a flavourful pink fondant and sprinkled with coconut, just like the 100 year old Iced VoVo brand biscuit.

Arnotts believes that the name Iced Dough-Vo is too similar to Arnotts' Iced VoVo trade mark and is alleging breaches of the Trade Marks Act and Trade Practices Act. Arnott's also argues that the Iced Dough-Vo visually resembles the Iced VoVo biscuit and is phonetically identical.

It is reported that Krispy Kreme will not change the name of the Iced Dough-Vo doughnuts despite the sticky claims by Arnotts. The doughnut is apparently part of the Krispy Kreme Fair Dinkum Doughnuts promotion that aims to "pay homage to some Aussie household favourites".

It remains to be seen whether the VoVo war will proceed and, if so, what the courts will say about competitors using marketing techniques to "pay homage" and provide further recognition to popular brands.

Even if the dispute doesn't escalate, thanks to all the publicity, at least the sales are likely to. In a light hearted comment made by Prime Minister Kevin Rudd in his election victory speech of 24 November 2007, he jokingly urged his team to have a strong cup of tea with an Iced VoVo before going to work. This reportedly led to skyrocketing Iced VoVo sales, prompting Arnotts to send a shipping palette of the biscuits to the Prime Minister's office in Canberra.

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