JAMAICA Producers Group (JP) has filed a claim in the Supreme Court against Bionic Farms for trademark infringement to protect its brand which produces over 50 million bags annually.

The claim filed this month, relates to the popular St Mary’s Banana Chips manufactured by a JP subsidiary, JP Tropical Foods, and “a new brand of banana chips” distributed by Bionic Farms that uses a similar name, according to JP in a written response to Business Observer queries.

“The discussions are amicable (with Bionic), but people need to understand that we have to protect this brand for Jamaica and JP because of the investment that we put in the product,” Jeffrey Hall, JP chief executive officer, told the Business Observer.

JP says that it distributes one million bags of chips per week, “yes, that is with six zeros”, Hall confirmed. JP has increased brand appeal since refining its packaging in August 2009 and currently exports to US, Canada, Europe, and the Caribbean. Consequently, JP says it wants to protect its goodwill and neutralise what it called “copycat brands”. The Business Observer was unable to contact Bionic Farms up to press time. JP went to court last week and “the matter had been adjourned to allow the parties to have discussions with a view to an amicable settlement”, Rolf Simmonds, commercial director, told the Business Observer in a written response. Jamaica Producers and JP Tropical Foods were represented by Symone Mayhew and Geraldine Hewiitt instructed by Harrison & Harrison.

“Jamaica Producers and JP Tropical Foods claims that the packaging and name used by the defendants so closely resemble their St Mary’s Banana Chips that there is likely to be — and there is — confusion in the market between the products,” Simmonds added.

It is further alleged that there has been infringement of the registered trademark, JP St Mary’s. As a result, JP is seeking an injunction to prevent Bionic Farms from using the name St Mary Best Banana Chips and its distinctive yellow packaging.

JP Group, which is a conglomerate, delivered improved third-quarter results for period ending October 2009 with after tax net profit at $56.7 million versus a half-a-billion loss for the prior year’s quarter. Year-to-date profits were $156.9 million up to October versus a loss of $1.1 billion for the prior year’s quarter.