What’s Stopping Them From Copying You

Posted: 6 years ago in: Case Study, News, Trademark InfringementPosted By admin

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What’s Stopping Them From Copying You? Make your name yours alone

Similar Bread-branding  – Remedies after Court Actions

How much do Brennans have to pay McCambridge?

For Using Similar Packaging
  • Two bread firms have been engaged in a big brand war, lasting over 3 years and fought-out in the courts.
  • McCambridge accused Brennans of using confusingly similar packaging to sell brown bread. They alleged the logos, packaging and get-up used by Brennans confused consumers who thought they were buying McCambridge’s brown bread.
  • McCambridge owned a registered trademark, which protected their brand.   Registered trademarks help to stop competitors from copying you.
  • The dispute was heard initially in the High Court, followed by an appeal to the Supreme Court.  That court held that the packaging and get up of the packaging on brown bread sold by Brennans had a likelihood of causing confusion among consumers.  Brennans lost the case.  Following on from the Supreme Court Appeal, Judge Charlton, on 27 May 2014, indicated that the parties at last agreed the amount Brennans were to pay McCambridge concerning the long-running case. The amount was not disclosed. 

 Remedies  – Account of Profits

  •  The outcome for the losers can include an account of profits.  Brennans appear to be settling on the basis of an account for profits.  McCambridge sought over half a million euro.

 More Complications

Manufacturing out-sourced to other party
  • A further complication was that Doyle’s Quality Products Ltd. manufactured the bread for Brennans.  Profits arising in Doyle’s can be added to the account for profits, for which Brennans agreed to account (in order to keep Doyle’s out of the litigation).

“Make Your Name Yours Alone” TM

Get BATTLE on your side
  • Owning a registered trademark for your name can be useful for suppliers as well as consumers.  
  • Trademarks give consumers assurance as to the origin of the goods/services when they buy brands they trust.  
  • Registered trademarks give owners peace of mind that they can stop others from copying them without their permission.
  • Registering a trademark helps to stop competitors from copying you. Make your name yours alone.  To see more about this case go to McCambridge v Brennans.
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