A company selling free range eggs has been refused a permanent High Court injunction restraining a competitor using allegedly similar packaging for its product.
Mr Justice Tony O ‘Connor dismissed a claim by Galway Free Range Eggs Ltd, who sell eggs under the “Galway Free Range Eggs” brand against rivals Hillsbrook Eggs Ltd, Tuam, Co Galway, and its directors Kevin O’Brien and his daughter Carmel O’Brien.
It was claimed the defendants passed off its product by offering goods for sale under the name “O’Briens of Galway Free Range Eggs.”
Galway Free Range Eggs Ltd of Craigmore, Claregalway sought an order restraining the defendants from continuing to packaging their eggs under the name “O’Brien’s of Galway Free Range Eggs”.
The defendants had denied the claims, and had opposed the action.
Mr Justice O’Connor said Galway Free Range Eggs had failed to establish the defendants used the O’Brien name and the geographic name of the eggs county of origin in a manner which did not accord with honest practises.