Irishgold to change name after settlement with Kerrygold
Irish dairy seller Ornua, which produces the Kerrygold brand of butter, has reached a settlement with two US-based companies over the ‘Irishgold’ trademark.
Filed yesterday, July 26, at the US District Court for the Eastern District of Wisconsin, the order stated that Eurogold must file a request with the US Patent and Trademark Office to change its ‘Irishgold’ trademark application to ‘Eurogold’.
Eurogold was also ordered to “immediately remove all signage that includes the mark” and destroy any marketing materials.
The company is not, however, prohibited from using packaging depicting cows and pastoral scenes, “providing that such packaging is not substantially similar to the packaging for ‘Kerrygold’ products”.
The order comes after a complaint by Ornua in April accusing Eurogold and Old World Creamery of trademark infringement.
Eurogold was formed in March and had filed an application to use the ‘Irishgold’ trademark covering butter, butter blends, and cheese.
Old World Creamery then planned to sell the butter at locations throughout Wisconsin, according to the claim.
Ornua stated that the name ‘Irishgold’ sounded too similar to its ‘Kerrygold’ trademark and that the packaging and name of ‘Irishgold’ were “likely to cause confusion in the market”.
The suing company obtained a restraining order three days later, with District Judge J P Stadtmueller finding that Ornua would suffer irreparable harm and loss to its services, reputation and goodwill if the defendants were permitted to continue using the ‘Irishgold’ mark.
In yesterday’s order, both Eurogold and Old World Creamery agreed to enter into a permanent injunction.
It added: “Once the consent judgment and stipulated permanent injunction has been entered, a notice of dismissal will be filed, dismissing all remaining claims and counterclaims with prejudice, with each party to bear its own costs and attorney fees.”
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
Today’s top stories:
Kim Kardashian and Kylie Jenner embroiled in IP suits
Premier League granted ‘game-changing’ order against ISPs
ITC section 337 investigations doubled in 2016: report
