Spice Burger dispute comes before High Court

A company that makes Spice Burger has secured a number of High Court injunctions against a former director who it is claimed has been passing off burgers made by him as their product.

Walsh family Foods Limited have sought the orders against one of its former directors Mr Patrick Walsh, who is the son of the person credited with having invented the Spice Burger, and is one of the few people who knows the fast food product's secret recipe.

Today the court heard that Mr Walsh has been making and selling spice burgers as well as using trade secrets that are the property of the company. This it is claimed is contrary to the terms of his employment.

The secret recipe is known to just a few people, including Mr Walsh. The company which has a manufacturing facility in Finglas and is currently in receivership yesterday, secured a number of interim injunctions against Mr Walsh, St Canice's Road, Glasnevin, Dublin 11.

The injunctions restrain Mr Walsh from destroying any information or interfering with any of the companies property, in particular any documentation sent by the suppliers of ingredients for the Spice Burger, National Food Ingredients in Limerick, concerning the recipe for spice burgers.

He is further compelled to return to the defendant any property of the company, in particular any documentation sent to him by National Food Ingredients Ltd in relation to the recipe for the spice burger, held by Mr Walsh.

The orders also restrain Mr Walsh deleting or destroying any confidential information that relate to any scope of the company's business acquired by Mr Walsh during his employment with or in his capacity as a director of the company.

Mr Justice Patrick McCarthy granted the injunction, which were made on an ex-parte (one side only) basis. The Judge made the matter returnable to Thursday's sitting of the High Court.

Marcus Dowling Bl for the company said that injunctions were being sought at this stage in order to ensure that Mr Walsh does not delete an e-mail, containing details of the spice mix, that was sent by the firm that supplies the ingredients for spice burgers and the paper trial whereby he passed on the recipe to third parties.

Mr Walsh, counsel said, sells the burgers as "Paddy Walsh Spice Burgers", and the "Original Spice Burger Company".

Those actions, counsel claimed, are in breach of the provisions of his contract of employment, which prevents him from revealing any trade secrets to any group or company. The email the court heard was sent last April at a time when it was known that the company was in financial trouble.

The court also heard that in correspondence lawyers acting on behalf of Mr Walsh denied that he is bound by the terms of a contract of employment he signed in 2000.

The court heard that Mr Walsh was a Director and employee of the company up until May of this year. His father Maurice developed the Spice Burger in his shop during the 1950s.