Kerry Group subsidiary wins ice cream branding court case
A dispute over alleged infringement of an ice-cream trademark has been resolved at the Commercial Court. As part of the settlement, Perfect Food Solutions, of Greenore, Co Louth, has given undertakings to cease using the name Angelita for a soft ice-cream product.
Kerry Luxembourg, a member of the Kerry Group of companies, claimed a distinctive and successful brand of soft ice-cream products is sold by it under the Angelito brand.
It had initiated proceedings alleging the defendant had infringed Kerry’s trademarks and had engaged in passing off acts by launching, without the plaintiff’s consent, a soft ice cream product under the name Angelita in a similar get-up to the Angelito product.
The case had come before the Commercial Court via an application by Kerry to have the case admitted to the fast-track court’s list, but that application was adjourned to facilitate talks between the sides.
Yesterday, Paul Coughlan, counsel for Kerry, told Mr Justice Robert Haughton he was happy to say the matter had resolved, and the defendant was handing in signed undertakings, including to cease and desist using the Angelita mark.
The judge received the undertakings and struck out the proceedings.
