Wednesday 19 September 2018

Kavanagh Giftware copyright case with Tipperary Crystal ‘resolved’

A dispute between the owner of the Tipperary Crystal brand and an Enniscorthy giftware seller over the alleged passing off of trademarks on the packaging of items offered for sale has been resolved.

Last October Allied Imports Ltd, which is the owner of Tipperary Crystal is known for its crystal, glassware, ceramics and jewellery brands, sued Enniscorthy based Kavanagh Giftware Ltd. The action was over the alleged unlawful use by the defendant of Tipperary Crystal marks on packaging of certain goods including mugs and cups being offered for sale by Kavanagh Giftware. Kavanagh Giftware had rejected all claims against it including it had infringed Allied Import's intellectual property rights. The case had been admitted to the fast track Commercial Court list.

When the matter was mentioned before Mr Justice Brian McGovern on Monday the judge was told the case had been resolved and could be struck out. Allied Imports and its director Mr Robert Scanlan's claim centred on the use by Kavanagh Giftware of a grey and white coloured graphical representation on the outside and the inside of the packaging of items being offered for sale. The plaintiffs claimed this breached their copyright.

The defendant had been offering the allegedly infringing products for sale through its retail outlet in Market Square and online. It is further alleged that the Kavanagh Giftware is engaged in the wholesale distribution of the infringing products to other retailers in Ireland. It was claimed the unauthorised use of the Tipperary Crystal mark had caused confusion with the public. Allied Imports Ltd and Mr Scanlan had sought various orders against the defendant, including injunctions restraining Kavanagh Giftware from infringing their trade marks and passing off the goods and damages.

Enniscorthy Guardian