I was in the Commercial Court on another matter yesterday when my ears pricked up at this Application.
Tipperary Crystal (through Allied Imports Limited) applied to have a dispute relating to alleged infringment of its trademarks into the Commercial Division of the High Court.
There's lots of interesting aspects to this, but some of the standout take-away points for me are:
- Trademark disputes are, on their face, amenable to admission to the Commercial List. In Court, the applicant relied on the value of annual sales in pointing out to the Court that this was a matter for the Commercial List. There was no discussion of the value of the trademarks, per se;
- The trademark for 'Tipperary Crystal' outside of Ireland is owned by a different company (https://www.tmdn.org/tmview/bookmark?s=4voq6gtq1957r5bpvgihq4bs8b);
- One of the Directors/Shareholders of the first Plaintiff company (which is registered owner of the trademark), Robert Scanlon, is a co-plaintiff in the proceedings. The other registered Directors and Shareholders of the company (Allied Imports Limited) are not. I'll be interested to see why Mr. Scanlon is a Co-Plaintiff in his personal capacity;
- The Plaintiffs are seeking orders that all infringing goods be handed over and destroyed, which is a standard relief sought. If you're found to be infringing a trademark, then you may literally see your investment in your infringing goods go up in flames; and
- Allied Imports have a trademark for a colour. This one in fact.
See the Details Here - https://eregister.patentsoffice.ie/register/TMRegister.aspx?idappli=2016/01254
This is going to be an interesting one. Watch this space.
In addition, the plaintiffs seek orders that all the goods allegedly infringing its trademarks are handed over and destroyed. They also seek damages. The case was admitted to the fast track Commercial Court list today by Mr Justice Brian McGovern.