Dublin, April 20 - Irish food group Glanbia Plc said on Friday it had won a trademark dispute with French rival Danone over the Kilkenny-based company's Yoplait Essence brand of dairy health drinks.
"The Company is pleased that the High Court has confirmed that Danone's 'Essensis' trademark should be revoked as it is not a genuine market brand and has never been used as such," Glanbia said in a statement.
Danone started legal proceedings early last year, saying that Glanbia's launch of the Yoplait Essence brand in Ireland in February 2006 infringed its 'Essensis' trademark which is also used on a range of dairy products such as yogurt drinks.
Glanbia counter-claimed that 'Essensis' should lose its trademark in Ireland because it had not been put to genuine use in the country within five years of its registration.
Justice Finlay Geoghegan found in favour of Glanbia on Friday, saying that while Danone's use of the 'Essensis' brand on its Bio Activia yogurts was not in doubt, there was "substantial dispute" over how it had been used.
"Its use has been unequivocally confined to referring to an identified ingredient of the yogurt as distinct from the yogurt itself," she wrote in a written judgment, noting it often appeared on packaging with the prefix "Bifidus".
"Accordingly I have concluded that Danone has not proved genuine use of the trademark 'Essensis' in relation to yogurt ... within 5 years of its publication and Glanbia is entitled ... to an order for its revocation."
Danone said in a statement that it was very disappointed with the ruling and considering its legal options.
"Essensis is a global trademark for Danone which is in current use worldwide. Over 72 million products with this branding have been sold in Ireland to date."