The owner of the Tipperary Crystal brand has sued a giftware seller for allegedly passing off their trademarks on the packaging of items being offered for sale, writes Ann O’Loughlin
The proceedings have been brought by the owner of Tipperary Crystal, Allied Imports Ltd, and its director Robert Scanlan.
The firm is known for its crystal, glassware, ceramics, as well as jewellery brands.
Allied Imports and Mr Scanlan claim Kavanagh Giftware Ltd have been using Tipperary Crystal marks on the packaging of specific goods it is offering including mugs and cups.
In correspondence, lawyers for Kavanagh Giftware reject claims it has infringed Allied Import’s intellectual property rights.
Allied Imports and Mr Scanlan, represented by Jonathan Newman, say the infringing elements of their products are the use of a graphical representation in grey and white on the outside and the inside of the packaging of items being offered for sale by the defendant.
The plaintiffs claim the defendant is offering the allegedly infringing products for sale through its retail outlet in Enniscorthy, Co Wexford, and online.
It is further alleged that the Kavanagh Giftware is engaged in the wholesale distribution of the infringing products to other retailers in Ireland.
They claim that the unauthorised use of the Tipperary Crystal mark is causing confusion with the public.
In their action, Allied Imports Ltd and Mr Scanlan seek various orders against the defendant including injunctions restraining Kavanagh Giftware from infringing their trade marks and passing off the goods.
In addition, the plaintiffs seek orders that all the goods allegedly infringing its trademarks are handed over and destroyed.
They also seek damages.
The case was admitted to the fast track Commercial Court list by Mr Justice Brian McGovern.
There had been an objection in admitting the case to the fast track list by counsel for the defendant James O’Dwyer.
However, the judge said it was a suitable case for the list.
The matter will return before the court in February.
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