Lawsuit delays product relaunch

LEGAL AFFAIRS:

Litigation launched by a Brisbane lawyer has been revealed as the real reason for the deferral of the relaunch of the iconic Polly Waffle confectionary bar.

In 2019 it was announced that an Adelaide-based food company was preparing to relaunch the Polly Waffle after purchasing the rights to manufacture the once-popular chocolate-covered marshmallow treat from the global food maker Nestle. The Polly Waffle was last available on the Australian market in 2009.

This week it was announced that the COVID-19 pandemic had affected the delivery of new production machinery and caused the product relaunch to be deferred until later this year or possibly 2022. (pictured)

But The Bug can reveal that the real reason is a lawsuit launched by prominent Brisbane barrister Dickie Shearman QC* who is claiming the Polly Waffle is an infringement of the copyright and trade mark he holds on behalf of his pet dog Squatter.

Mr Shearman, who is also legal counsel for the Brisbane Bolts, said he was seeking unspecified damages from the makers of Polly Waffles.

“They have clearly breached copyright and trademark law by manufacturing a product that looks exactly like one of Squatter’s faecal extrusions,” he said.

“If you put one of his turds side by side with an unwrapped Polly Waffle you’ll soon see what I mean. (main picture)

“I cannot stand by and let Squatter be exploited like that and for a heartless corporate bully to make money off the back of a sweet and innocent dog.”

Mr Shearman said he was anticipating a directions hearing in the Federal Court any day now and was optimistic of a final judgement in his favour.

He said victory in the Polly Waffle case would not be the end of the matter and he was currently drafting a statement of claim on behalf of his pet sheep Pellets against the US-based Mars Inc confectionary company, makers of Maltesers.

*Queensland citizen