Courts / Galway / Report

Egg sellers entitled to injunction against rivals after ruling is overturned

Summary

The Court of Appeal, on 22 January 2019, ruled that Galway Free Range Eggs Ltd is entitled to a permanent injunction against Hillsbrook Eggs Ltd and its directors, Kevin O'Brien and Carmel O'Brien, for passing off. The three‑judge panel overturned a 2016 High Court decision that had found the plaintiff not entitled to orders against the defendants. The appeal court held that Galway Free Range Eggs Ltd had established a substantial reputation in its brand name and that the defendants had used the name "O'Briens of Galway Free Range Eggs" in a manner that could mislead consumers. The injunction restrains the defendants from trading under that name, protecting the plaintiff's reputation and goodwill. The court also found that EU regulations requiring free‑range labeling did not justify the defendants' use of the brand name, and it rejected the High Court's dismissal of survey evidence.

Who, what, where, when and why

What: Report matter: Egg sellers entitled to injunction against rivals after ruling is overturned. Procedural stage: appeal

When:

• 2019-01-22 Publication

Why: " The plaintiffs were not happy with this, because of the use of the terminology "Galway Free Range Eggs" on the defendant's packaging. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report