French dairy giant Danone has successfully overturned a 2007 court ruling in Ireland revoking its Essensis yoghurt trademark.
Danone had launched legal proceedings against Glanbia, claiming that Irish dairy group’s use of the Yoplait Essence probiotic yoghurt brand infringed its trademark rights.
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However, a High Court ruling found in favour of Glanbia and concluded that the Essensis TM should be revoked because it had not been “put to genuine use” in the market.
This decision was overturned in the Supreme Court today (20 May). The court found that Danone had established “sufficient” evidence about its use of the Essensis trademark and that the High Court should have concluded that its use was genuine.
The Supreme Court set aside the High Court decision and turned down Glanbia’s application for revocation of the Essensis trademark.
A spokesperson for Glanbia said that the company will continue to drive the growth of its Yoplait Essence range.
Danone declined to comment on the specifics of the case or clarify whether it would push ahead with its original trademark infringement claim.
However, a spokesperson for the company did confirm that the dairy manufacturer is “assessing legal options”.
