A legal row over cartoon sheep has come before the Commercial Court, writes Ann O'Loughlin.
The Shamrock Gift Company (Trading House) Unlimited Company of Trinity Court, Fonthill Industrial park, Dublin 22 has brought proceedings against JLM Gifts Ltd with offices at The Grove, Abbeyfarm, Celbridge, Co Kildare and trading as Ireland Gifts.
The Shamrock Gift Company says it is the proprietor of Irish registered trademarks which include images of cartoon heep characters on a variety of goods incuding keyrings, magnets, cups, purses, tea towels and shopping bags.
It has been in business since 1988 and and said it launched its Wacky Woollies range of eleven products ten years ago and it Wooley Jumpers seven years ago whch includes sixteen different products.
The Shamrock Gift Company has claimed that JLM Gifts has without permission allegedly offered and put on the market products which bear and are branded with images of cartoon sheep.
It contends these cartoon sheep are confusingly similar to those which are the subject matter of its registered trade makrs and are confusingly similar to those used in Wacky Woollies and Wooley Jumpers .
It is seeking an injunction restraining JLM Gifts from allegedly infringing the Irish registered trade marks and an injunction restrainig them from allegedly passing off goods as or for the goods of the Shamrock Gift Company with images of cartoon sheep.
Mr Justice Brian McGovern in the Commercial Court today admitted the case to the list and the case will be heard in October.