Jameson whiskey makers accuse rival brand of infringement

The makers of Jameson Irish Whiskey claim that labelling used on bottles of a rival brand of whiskey distributed in Russia is an infringement of their trade mark, the High Court heard yesterday.

Irish Distillers who produce of Jameson claim that labelling on bottles of 'St Patrick Irish Whiskey' which is made by Cooley Distillery in Co Louth, and distributed in Russia by a company called Rotor House, is an infringement of their copyright and their registered trade marks.

The defendants deny the claims.

An application for an interlocutory injunction (order pending the full hearing of the dispute), preventing Cooley from from using the label on the bottles of St Patrick, is due the High Court later this month.

However today counsel for Irish Distillers Mr Jonathon Newman BL told Ms Justice Mary Laffoy that his client was now seeking an interim (short term) injunction, preventing Cooley from producing or distributing bottles of 'St Patrick'.

Counsel said they were seeking relief because it had come to his client's attention that in the last eight days the defendants had or were in the process of shipping 6900 bottles of 'St Patrick' to Russia.

He claimed that was the same amount of 'St Patrick' whiskey as had been shipped in the previous 4 and a half months.

This "extraordinary course of business", he claimed amounted to an attempt by the defendants "to flood the market" in order to nullify the effect of any future court decision on the matter.

He added that there was a enormous urgency in this application because "exceptionally damage," would be done to his client if the shipment went ahead.

He said his client became aware of the labels on 'St Patrick' last September, and launched an investigation before bringing court proceedings.

The matter first came before the High Court in January, and the application for an interlocutory injunction was fixed for later this month.

Counsel for Cooley Distillery PLC Mr Paul Coughlan BL strongly denied any copyright infringements, and said that his clients were entitled to carry out their business and fulfill orders.

Mr Coughlan added that the granting of an interim injunction would be "inappropriate" and "unjustified."

Counsel denied that there was an attempt to flood the market with 'St Patrick' whiskey, which he said is customer ordered by Rotor House. Counsel added that Cooley Distillery had given no undertakings when the matter was previously mentioned at the High Court.

Counsel also told the court that his solicitor had "two bottles of whiskey in court" and the differences on the labels were "there to be seen."

Ms Mary Laffoy told the parties that she did not believe that an interim injunction was appropriate in this instance.

However the Judge said she was prepared to hear the application for the interlocutory injunction, if the parties so wished.

However following discussion the parties agreed to an adjournment after Cooley Distillers gave an undertaking to the court that from midnight tonight it would not supply or distribute 'St Patrick' whiskey to a third party until the matter comes back before the High Court at the end of the month.