Galway Free Range Eggs wins passing-off appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Galway Free Range Eggs Limited won its passing-off appeal in the Court of Appeal on 22 January 2019. The court held that the company had established substantial reputation and goodwill in its brand name and was entitled to an injunction restraining Kevin O'Brien, Carmel O'Brien and Hillsbrook Eggs Limited from trading under the name “O'Briens of Galway Free Range Eggs”.

The court found that the respondents’ use of the disputed brand amounted to passing off and that the appellant did not need to prove actual damage to protect its reputation and goodwill. The appeal followed the High Court’s dismissal of the company’s claim.