Jameson Whiskey makers take rivals to court in labelling case
The makers of Jameson Irish Whiskey have claimed before the High Court that the labelling used on bottles of a rival Irish whiskey being distributed in Russia are so similar that it is causing confusion and is leading customers to believe it is from "the same family of products".
Irish Distillers, who produce Jameson, contend the labelling on bottles of 'St Patrick Irish Whiskey', which is made by Cooley Distillery in Co Louth and distributed in Russia by a company called Rotor House, is an infringement of their copyright and their registered trade marks.
Cooley Distillery has denied the claims.
At the High Court today, Irish Distillers applied for an interlockutory injunction, pending the outcome of the full hearing of the matter, preventing Cooley from using the label on the St Patrick brand of Irish whiskey.
'St Patrick' is only available in Russia.
Opening the case, before Mr Justice Roderick Murphy, Michael Collins SC for Irish Distillers said that his client is objecting to the label on the bottles, which it claims are similar in design and lay out to that of Jameson.
He said that St Patrick first appeared in the lucrative and growing Russian market in the latter part of 2007. He said that Rotor House, who distribute St Patrick, had distributed Jameson in Russia.
However that arrangement had come to an end last November.
In 2006 Irish Distillers sold 43,000 cases of Jameson in Russia, and has invested heavily worldwide in marketing what was an internationally renowned spirit.
Irish Distillers claimed that it had no idea if there are plans to sell St Patrick outside of Russia.
Counsel said that there were concerns that the confusion would damage Jameson's reputation for quality.
In an affidavit to the court Irish Distillers Company Secretary Ben O'Byrne said that the St Patrick label was "giving that false impression that it was an addition to the Jameson family of whiskey products".
He said there was evidence of confusion where customers in Russia asked for Jameson but were in fact served with St Patrick.
He said that the St Patrick brand's introduction to the Russian market was "low key", and could not be found on Cooley's website.
He said that in Russia the St Patrick's Brand was being sold at a price 18% lower than Jameson, and placed on selves beside bottles of Jameson products.
St Patrick, he added, was "piggybacking" off Jameson's success.
Irish Distillers also rejected a claim by Cooley that labels on Irish whiskey products are similar or generic. It claimed that labels on the various Irish whiskey on the market place are different.
In reply, David Hynes, managing director of Cooley Distillers, who he said has won international awards and recognition for its whiskey products, denied that the label of St Patrick infringed any copyright or that it was confusing customers in Russia.
In an affidavit to the court Mr Hynes described Irish Distillers action
as an attempt to "undermine a competitor", with what was a "contrived
grievance".
He said that up to January 21 of this year, 7,000 cases of St Patrick had been sold to Russia, which was comparatively very small amount compared to Jameson.
He said that the label, designed by a Moscow-based firm employed by Rotor House, was different and that the bottle was a different colour and shape to Jameson's.
He denied that St Patrick was "piggybacking" off Jameson's reputation.
He said that it was appropriate and normal procedure that St Patrick be placed beside other Irish whiskey such as Jameson in order to distinguish it as an Irish product as opposed to Scotch or US whiskey.
He further denied that St Patrick was introduced to the Russian market in a clandestine way. Everything was done in an transparent and open manner.
Mr Hynes added that any injunction which would result in Rotor house having to change the label. That would result in a deal which would harm the sales of St Patrick in Russia.
The case continues.
