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Ornua Co-operative Ltd v. Tindale & Stanton Ltd Espana SL

Case No. C-93/16 (2017)

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Ornua Co-operative Ltd v. Tindale & Stanton Ltd Espana SL

European Union Court of Justice
Case No. C-93/16 (2017)

  • Written by Jody Stuart, JD

Facts

Ornua Co-operative Ltd (Ornua) (plaintiff), an Irish company, owned the European Union (EU) trademark Kerrygold for butter and other dairy products. Goods bearing the mark Kerrygold were exported to several countries, including Spain and the United Kingdom (UK). Tindale & Stanton Ltd Espana SL (Tindale) (defendant), a Spanish company, imported and distributed margarines in Spain under the name Kerrymaid. The Kerrymaid goods were manufactured in Ireland by Kerry Group, which registered the national mark Kerrymaid in Ireland and the UK. Ornua sued Tindale in Spanish national court over Tindale’s use of the Kerrymaid mark, arguing such use created a likelihood of confusion regarding its EU trademark Kerrygold. Ornua did not oppose the use of the Kerrymaid mark in Ireland and the UK. The national court requested a preliminary ruling from the European Union Court of Justice concerning the interpretation of Article 9 of Council Regulation No. 207/2009.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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