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Nestlé a new competitor for Peters & Brownes

PETERS & Brownes last ditch effort to stop Nestlé selling ice cream products into WA has failed.

The High Court last week dismissed the Peters & Brownes appeal against a Federal Court decision allowing the Nestlé-owned Petersville Ltd to sell ice creams into WA.

Petersville Ltd owns the Pauls brand of ice creams.

The decision means Nestlé is now free to bring its non-Peters branded ice cream products to WA shop freezers.

What these products will be is uncertain, as Nestlé is not going to be launching any new products until the summer season hits.

There is some speculation of an ice

cream based on Nestlé’s Kit Kat confection.

It also brings to an end a couple of years of litigation between Petersville and Peters & Brownes.

Peters & Brownes – then Peters WA – bought the exclusive rights to use the Pauls marks in WA in 1983.

As part of the sale agreement, Peters was required to pay a royalty of 2.5 per cent on sales of all products bearing the Pauls mark in WA and on Peters products sold to Coles for resale as house brands.

But Petersville also entered into a covenant to not sell, supply or distribute any ice cream or frozen confections into WA.

Peters & Brownes managing director Graham Laitt said the arrangement worked well until Nestlé bought Petersville in 1995.

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