A LOAF of bread at the centre of a bitter legal battle between rival companies McCambridge's and Brennans was actually made by another company, the Commercial Court has heard.
"It's not Brennans' bread today, it's Doyle's bread," Mr Justice Peter Kelly observed when referring to the wholewheat product over which McCambridge's had successfully sued Brennans.
McCambridge's had in 2011 initiated its action against Joseph Brennan Bakeries, alleging the defendant was selling the product in packaging confusingly similar to McCambridge's stone-ground wholewheat bread.
McCambridge's won in the High Court and the Supreme Court dismissed Brennans' appeal in July 2012.
It was also ordered to change the packaging on the product at issue.
The sides are now engaged in proceedings to determine how much money Brennans must pay to McCambridge's arising from the profits made from the infringing product.
In a preliminary ruling yesterday on issues related to that matter, Mr Justice Kelly upheld McCambridge's objections to Brennans' move to lodge a sum of money in court to meet McCambridge's claim.
In his ruling, the judge noted McCambridge's solicitors had written to Brennans last July saying their client had been surprised to discover for the first time the infringing product was not in fact manufactured by Brennans at all but rather manufactured by Doyle's Quality Products Ltd and delivered fully packaged to Brennans.
After McCambridge's sought clarification of the relationship between Brennans and Doyle's, Brennans confirmed Doyle's manufactured and packaged the product and said Brennans would account to McCambridge's for any profits earned by Doyle's relating to the product without the need to join Doyle's to the case.
Mr Justice Kelly adjourned the matter to the new year to allow the sides engage on a range of issues.