By Ann O'Loughlin
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.
The proceedings have been brought by Allied Imports Ltd and its director Mr Robert Scanlan which is the owner of Tipperary Crystal which is known for its crystal, glassware, ceramics and jewellery brands.
They 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 acting for Kavanagh Giftware reject claims it has infringed Allied Import's intellectual property rights.
Allied Imports and Mr Scanlan, represented by Jonathan Newman SC, 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 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 today by Mr Justice Brian McGovern.
There had been an objection in admitting the case to the fast track list by counsel for the defendant Mr James O'Dwyer SC.
However, the Judge said it was a suitable case for the list. The matter will return before the court in February.