Woodlands Dairy loses brand copyright battle in South Africa

SOUTH AFRICA – Woodlands Dairy, a major milk producer based in South Africa’s Eastern Cape, has lost a significant brand copyright case, marking a setback for the company known for its popular First Choice brand. 

The ruling came after a legal dispute over trademark rights, with the court deciding against Woodlands Dairy’s claim to exclusive use of certain branding elements.

The case, detailed in a recent judgment from the Gauteng High Court on March 10, 2025, involved Woodlands Dairy Proprietary Limited and Sansom Farming CC, among others. 

The company, which employs over 1,400 people and is one of South Africa’s largest producers of UHT milk, argued it had common law trademark rights to its First Choice brand, established 27 years ago. 

According to court documents, Woodlands Dairy contended that its extensive product range, including cheeses, butter, cream, and flavored milk drinks, all branded under First Choice, deserved protection due to its long-standing reputation.

However, the court disagreed. The opposing side, Sansom Farming CC, challenged Woodlands Dairy’s claim, asserting that the phrase “First Choice” was not distinctive enough to warrant exclusive rights. 

The judgment highlighted that the words are common in everyday use in South Africa and not unique enough to prevent confusion among average consumers.

 “The phrase ‘First Choice’ is neither unusual nor unfamiliar,” the court stated, siding with precedent that denies monopoly over ordinary terms.

“We’ve built this brand over decades with quality and trust,” said a Woodlands Dairy spokesperson, expressing disappointment over the outcome. T

The company, founded in 1995 as a packaging plant for milk from Woodlands Farm, has grown significantly, sourcing milk from Eastern Cape farmers and expanding its reach across South Africa. 

Despite this loss, it remains a key player in the dairy industry.

The decision could impact Woodlands Dairy’s market strategy, as it also produces house-brand products for retailers like SPAR and Woolworths. 

A local farmer supplying the company remarked, “It’s a tough blow, but Woodlands has always adapted.” 

The ruling aligns with broader legal trends in South Africa, where courts have been reluctant to grant exclusive rights to widely used terms, as seen in past cases like Bata Ltd v Face Fashions CC.

Woodlands Dairy has not yet announced whether it will appeal. 

For now, the company, rooted in Humansdorp along the Garden Route, faces the challenge of redefining its brand protection approach while maintaining its commitment to quality and sustainability.