18 April 2017Trademarks

Kerrygold seller obtains restraining order over butter TM

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

On Thursday, April 13, Ornua obtained the temporary restraining order against Eurogold and Old World Creamery.

Ornua Foods North America and Ornua Co-Operative had filed the complaint at the US District Court for the Eastern District of Wisconsin, Milwaukee Division three days before.

Ornua argued that the defendants had infringed and diluted its trademark, competed unfairly, and falsely advertised goods.

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

It added that in March this year, Eurogold filed an application to register ‘Irishgold’ at the US Patent and Trademark Office.

A press release was issued on April 6 stating that Old World Creamery would launch Irish butter under the ‘Irishgold’ trademark in April, Ornua alleged.

District Judge J P Stadtmueller granted the restraining order, 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.

Steve Knaus, managing partner of Old World Creamery, said: “We are disappointed with Friday’s ruling. As I have said many times, when times get tough, it’s important to raise your head higher and keep moving forward. We will move forward at this point and look at all options available.”

A spokesperson for Ornua told WIPR that the company is not making a further comment at this time.

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13 April 2017   Irish dairy seller Ornua has sued two US-based companies for infringement of its butter-related trademark ‘Kerrygold’.