A Kerry Group company has brought a Commercial Court case alleging Dunnes Stores has infringed its trade mark by launching its own brand of peelable cheese.
The action has been brought against the supermarket chain by Zenbury International Ltd, which is the primary intellectual rights holding company within the Kerry Group, which manufactures the well-known cheese snack 'Cheestrings'.
In its proceedings, Zenbury claims Dunnes has infringed its registered trade mark by launching, without Zenbury's consent, a peelable cheese product under the name 'Cheesy Strings'.
The action is now to be fast tracked after it was today admitted to the Commercial Court list.
Arising out of the alleged infringement Zenbury seeks various orders against Dunnes Stores, including one prohibiting the supermarket from offering, stocking or marketing any dairy or cheese product bearing the name Cheesy Strings.
Today at the Commercial Court, Paul Gallagher, SC for Zenbury, said Cheestrings has been a most successful and distinctive brand since the late 1990s.
The product is manufactured by Henry Denny and Sons Ltd, part of the Kerry Group since 2001.
The product is sold in Ireland, the UK and continental Europe, and has substantial sales.
The proceedings arose after Dunnes recently put on sale a peelable cheese product, which his client says is very similar in appearance to Cheestrings.
Dunnes' actions, it is claimed, are likely to cause confusion between the products.
It is also feared that an impression will be created that Cheesy Strings, which Zenbury claims is exclusively made for Dunnes, is a product sold by the Kerry Group.
The product, Zenbury claims, is inferior to its Cheestrings product.
Counsel said in mid-November Dunnes were asked to desist from using the mark Cheesy Strings and destroy all products and their packing.
No response had been forthcoming and Dunnes, counsel said, escalated matters by offering a buy one get one free promotion in respect of Cheesy Strings.
Counsel said it is also his client's intention to seek an injunction restraining Dunnes from selling Cheesy Strings until the outcome of the full hearing of the dispute.
Michael Howard, SC for Dunnes, said his side was neither objecting nor consenting to the case being admitted to the Commercial Court list.
Counsel said his side needed time to respond to the claims before the application for an injunction was heard.
Today Mr Justice Brian McGovern admitted the case to the Commercial Court list.
The matter was adjourned to later this month.
