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13 April 2017Trademarks

Kerrygold seller in trademark infringement bout

Irish dairy seller Ornua has sued two US-based companies for infringement of its butter-related trademark ‘Kerrygold’.

Ornua Foods North America and Ornua Co-Operative filed suit against Eurogold and Old World Creamery at the US District Court for the Eastern District of Wisconsin, Milwaukee Division on Monday, April 10.

The food co-operative, which markets and sells dairy products on behalf of its members, argued that the defendants had infringed and diluted its trademark, competed unfairly, falsely advertised and competed unfairly.

Ornua sought a permanent injunction barring the defendants from selling and advertising butter products that feature identical marks.

According to the suit, Ornua has used the ‘Kerrygold’ mark “continuously” for over 15 years.

‘Kerrygold’, which covers butter, dairy products and frozen yoghurt, was registered at the US Patent and Trademark Office (USPTO) in 1969.

Eurogold, which was formed in March this year, filed an application to register ‘Irishgold’ at the USPTO on March 14 covering “butter, butter blends, and cheese.”

The suit added that a press release was issued on April 6 stating that Old World Creamery would launch Irish butter under the ‘Irishgold’ trademark in April.

Old World Creamery planned to sell the butter at locations throughout Wisconsin, according to the release.

Ornua argued that the ‘Irishgold’ mark and its packaging are likely to cause confusion in the market.

The ‘Irishgold’ mark is also similar in sound to ‘Kerrygold’, is used to promote “identical” and “directly competitive products”, and the ‘Irishgold’ mark uses a “substantially similar” font to Ornua’s mark, said the claim.

Ornua asked for a preliminary and permanent injunction against the defendants, costs, reasonable attorneys’ fees and any other relief the court deems appropriate.

A spokesperson for Ornua told WIPR: "Ornua has been selling products under the Kerrygold brand in the US for over two decades and has a responsibility to its stakeholders to take any steps necessary to protect its trademarks. Due to ongoing legal proceedings, we are unable to comment any further on this matter at this time."

Eurogold and the Old World Creamery filed a response (pdf) to Ornua's filing on Tuesday, April 11.

Sherry Coley, shareholder at law firm Davis & Kuelthau, and trial counsel for the defendants, told WIPR: "No temporary restraining order has been entered into force at this time to make the defendants to remove their Irishgold butter from store shelves, and we are prepared to vigorously defend them against the allegations raised by Ornua."

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Trademarks
18 April 2017   Irish dairy seller Ornua has obtained a restraining order against two US-based companies over the infringement of its butter-related trademark ‘Kerrygold’.