Ornua and New Zealand’s second largest dairy group are in settlement talks over a bitter trademark dispute in America over the Irish dairy group’s billion-dollar butter brand Kerrygold.
According to recent US court filings, Ornua and Westland Dairy Company are “currently in settlement talks” after filing a lawsuit against the New Zealand group’s butter brand Westgold for alleged trademark infringement of its Kerrygold brand. It claimed the Westgold brand and packaging were “materially similar” to Kerrygold’s.
A filing showed the two parties would prefer to discuss the dispute resolution with a judge at an upcoming case management conference.
Ornua has sought damages and an injunction preventing Westland from advertising, marketing, distributing or selling butter products it claims are “confusingly similar” to Kerrygold’s brand in the US.
However, Westland hit back when it filed objections and a number of counterclaims.
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Ornua has previously said that it gives “top priority” to protecting the Kerrygold brand. Photo: Damian Eagers
Ornua has previously said that it gives “top priority” to protecting the Kerrygold brand. Photo: Damian Eagers
In the filing, Westland said that Ornua’s application should be denied, alleging, among other things, that it failed to establish its own protectable rights to the alleged trade dress and that the marks are not substantially similar. It also attempted to remove trademark registrations related to Kerrygold from Ornua in the United States.
Ornua filed a motion to dismiss Westland’s counterclaims. It claimed that the counterclaims were “mirror images” and failed to state a claim for relief.
In February, Ornua agreed to drop part of the case aimed at temporarily halting Westgold sales.
A court memo said the agreement provided that Westland would stop shipping butter “in the accused packaging” to retailers in the United States after June 1, 2023. They also said Westland will provide Ornua with new packaging samples by February 23.
Both declined to comment on the talks. Ornua has previously said that it gives “top priority” to protecting the Kerrygold brand.
Court cases are ongoing.
https://www.independent.ie/business/irish/kerrygolds-bitter-trademark-row-over-new-zealand-brand-westgold-reaches-settlement-talks-in-us-42393509.html Kerrygold’s bitter trademark dispute over New Zealand’s Westgold brand leads to settlement talks in the US
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