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

According to a survey recently published by Microsoft, a large proportion of Irish people think that online privacy is important and that people should not need to give up privacy and freedom for safety from crime and terrorism.

The survey published by Microsoft, and carried out by Amárach Consulting, focused on Irish peoples’ attitudes toward online and digital data privacy and security. Microsoft commissioned the survey as part of its on-going legal challenge to a US warrant which compels Microsoft to produce data held in a Microsoft data centre in Dublin. Continue Reading How important is online privacy?