Ornua has initiated a trademark case in a US court over what it sees as an infringement of the Kerrygold brand.
Court filings show that Ornua Co-operative Ltd. and Ornua Foods North America are both listed as plaintiffs in the case, which is being heard by the the US District Court, specifically the Northern District of California.
New Zealand-based Westland Dairy Company Ltd. is the defendant. The case revolves around Westland’s Westgold butter, which Ornua claims infringes on the Kerrygold trademark due to the similarity in packaging.
Last Thursday (January 5) Ornua filed a motion for a preliminary injunction against Westland.
It is uderstood that Westland has until January 19, to respond to this motion. A hearing on the motion is scheduled for February 9.
Ornua did not comment on the specifics of the case. However, in a statement to Agriland, the company said: “As the proud owner of one of the world’s most iconic Irish brands, Ornua places the highest priority on the protection of the Kerrygold brand and its distinctive trade dress.
“In the US today, Kerrygold is the number one imported butter and the number two butter overall, achieved through a combination of the high quality of the Kerrygold product range, coupled with 25 years of brand investment in this highly strategic market,” the statement added.
“We are proud of this success and will continue to protect the Kerrygold brand for the benefit of our member cooperatives and in turn, the 14,000 Irish dairy farming families they represent.”
Ornua said it welcomes “healthy competition and new entrants to the premium butter market”.
However, its statement added that it “cannot allow infringement of our branding or trademarks”.
Separately, Ornua is the defendant in another case in US courts. This case is also understood to be related to trademarks.
The case has been taken by US-based Abbey Specialty Foods. Filings show that the case is being taken under the primary trademark legislation in the US, the 1946 Trademark Act.
The case is also being heard in the US District Court, in this case by the District of New Jersey, where Abbey Specialty Foods is based.