The a2 Milk Company has appealed court losses against Nestlé to Austalia’s supreme court.
The a2 Company claims that Nestlé’s products prominently feature a2 or A2 that is substantially similar to a2 Milk that is protected by trademark.
It says use of the trademark “is likely to deceive or cause confusion because another trademark, before the priority date for the opposed application, acquired reputation in Australia”.