injunction

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In 2013, Mr Justice Gilligan refused an injunction sought by Galway Free Range Eggs Limited restraining Hillsbrook Eggs Limited from packaging or promoting their products under the name “O’Brien’s of Galway Free Range Eggs”. The Court held that it was not satisfied that the packaging used by the defendant was likely to deceive the public but did accept that there were issues to put forward to trial.

The substantive High Court hearing was held recently before Mr Justice Tony O’Connor and one of the bigger issues before the Court was the use of survey evidence and the weight to be attached to such opinion evidence.  The Court was highly sceptical of the value of market opinions and related questionnaires and stated that in this specific case “the evidence offered on behalf of the plaintiff concerning brand confusion was tenuous and unreliable”.

Continue Reading High Court finds brand survey evidence unreliable

The Irish High Court has issued a significant decision in Aldi Stores (Ireland) Limited & anor v- Dunnes Stores (No.2) [2015] IEHC 551holding that a plaintiff is entitled as of right to an injunction where a trade mark is infringed in the course of a comparative advertising campaign even where the advertising campaign in question has ended. The defendant has indicated that it will be appealing the finding of liability made by the court. Continue Reading High Court grants injunction prohibiting further trade mark infringement in relation to advertising campaign which has ended.

Zatori Results Limited, an online retailer, has initiated High Court proceedings against Shop Direct Ireland Limited, trading as Littlewoods Ireland, seeking a High Court injunction preventing the defendant from selling their version of a Christmas jumper. They are also seeking damages for alleged infringement of its unregistered design rights, with sales of their jumper down 75% compared with sales in 2012.

The jumper in question was initially designed and sold by the Plaintiff in 2012 and became a commercial success, being one of the top selling Christmas jumpers on Amazon. Their design features a snowman, Christmas trees and stars on a navy blue background, similar to the alleged infringing jumper being sold by the Defendant.Continue Reading Festive Battle in the High Court