Big Candy v The Artist: Whittaker’s upset at replica K Bar wrappers

• Date: 27 March 2021
• Published date: 27 March 2021

Whittaker’s has set a June 30 deadline for the artist to destroy any of his hand-scrunched and enlarged replicas of the famous fruity toffee bar’s packaging.

In a letter to artist Simon Lewis-Wards, the company said it was “flattered” its packaging was being used, but took the protection of intellectual property rights “very seriously”. It claimed the art prints — selling for about $1500 each — was trade mark infringement and a breach of the Fair Trading Act.

Legal letters began in January. Whittaker’s told the Weekend Herald it now recognised the art was meant to celebrate something quintessentially Kiwi, rather than to appropriate a trademark. “But it is important that we protect our trademarks without exception ... however well-intentioned.”

Lewis-Wards says he sought advice from an intellectual property lawyer before starting on the print series. He agreed there had been some “to-ing and fro-ing”, but the matter had been settled amicably.

“I don’t need to destroy anything, because it’s all sold.”

The limited edition series includes 20 works in each of the six K Bar flavours — raspberry, lime, orange, lemon, blackberry and pineapple. Lewis-Wards, who is most famous for his cast-glass jet plane lollies, had initially planned to make sculptural glass K Bars.

“And then I was like, ‘ok, I need to make the wrapper’ ... once I wrapped it round the glass piece and took it off, it was one of those things where you’re just like, ‘oh, this is just really cool by itself’.”

Lewis-Wards says artists have always drawn from popular culture.

“Look, for instance, at Andy Warhol, right, and the Campbell’s Soup Cans? When I did the K Bars, I was like ‘oh, I’m going to make New...