Judgment: 2025-05-02 · Court archive

High Court blocks launch of Danone Skyr packaging in Ireland pending Yoplait passing-off case

High Court · [2025] IEHC 301

Who, what, where, when and why

Who
  • Yoplait Ireland Limited (Plaintiff)
  • Nutricia Ireland Limited (Defendant)
  • Mr Justice Max Barrett
What

High Court blocks launch of Danone Skyr packaging in Ireland pending Yoplait passing-off case

Where

Places mentioned in the report

  • Ireland
When

Judgment:

Why

Reasons reported in the judgment

The judge examined both companies' tubs. He said the dominant impression of each was a very similar blue colour with white as a secondary colour. Although the Danone name appeared on its packaging, the court held that the overall presentation raised a fair issue as to consumer confusion, particularly where supermarket purchasing decisions may be made within seconds.

The High Court has temporarily blocked the Irish launch of certain Danone Skyr products after Yoplait claimed their blue-and-white packaging was confusingly similar to its own market-leading Skyr range.

Mr Justice Max Barrett granted Yoplait Ireland Limited an interlocutory injunction restraining Nutricia Ireland Limited, part of the Danone group, from passing off the relevant products as Yoplait's pending a full hearing.

Yoplait has sold Skyr products in Ireland since September 2022. The court was told they are the country's best-selling Skyr products and have been extensively marketed. Danone launched a Skyr range in Britain in February 2025 and intended to introduce certain products to Ireland.

The judge examined both companies' tubs. He said the dominant impression of each was a very similar blue colour with white as a secondary colour. Although the Danone name appeared on its packaging, the court held that the overall presentation raised a fair issue as to consumer confusion, particularly where supermarket purchasing decisions may be made within seconds.

Yoplait also produced consumer survey evidence. While Danone criticised its methodology and timing, the judge considered that it supported Yoplait's contention that the products could be confused.

For an interim passing-off case, Yoplait had to raise a fair question concerning goodwill, misrepresentation likely to cause confusion and resulting damage. The court considered each element sufficiently established for this preliminary stage.

The balance of justice also favoured Yoplait. Damage to goodwill would be difficult to quantify, while the financial cost to Danone of delaying its launch or changing packaging was more readily measurable. The existing position was that Yoplait's blue packaging was already on the Irish market and Danone's was not.

The injunction is subject to Yoplait giving an undertaking as to damages. The judge expressly stated that the ruling does not indicate how the substantive passing-off claim will ultimately be decided.

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