Yogurt trademark dispute reaches court

A legal battle between French dairy giant Danone and Irish dairy company Glanbia arising from the introduction by Glanbia of the Yoplait Essence yogurt product has opened before the High Court.

Danone is seeking damages from the Irish company, alleging infringement of its Irish trademark number 211092 "Essensis", arising from the use by Glanbia of the Yoplait "Essence" brand name on a range of probiotic yogurts produced by Glanbia in Inch, Co Wexford.

Glanbia has denied the claims. It contends that Danone has not put its Essensis Irish-registered trademark to genuine use within Ireland within the past five years and, in a counterclaim, is seeking to have the mark revoked.

Prior to determining the claim of infringement of trademark, Ms Justice Mary Finlay Geoghegan yesterday began hearing submissions on whether the trademark should be revoked. If the judge allows the revocation claim, the infringement claim will not proceed.

In submissions outlined by Brian O'Moore SC, Danone contends it first used "Essensis" as a trademark for yogurt sold and marketed here from about September 1998 to September 2004 and that 72.1 million pots of Total Activia Bifidus Essensis yogurt were sold between those dates.

Danone says the trademark appeared on the lids and sides of pots of yogurt, on exterior packaging and in advertising campaigns, and denies Glanbia's claim that the "Essensis" mark has not been put to genuine use here.

Danone also denies that the use of the words "Bifidus Essensis" on its products is not a genuine use of its registered trademark, "Essensis". Glanbia has claimed the reference to "Bifidus Essensis" does not signal the origin of the product to the consumer.

In its defence, Glanbia says Danone is the registered owner of the Irish trademark "Essensis", but denies that Danone has, or had at any time, a legitimate entitlement to maintain that registration.

Glanbia says it has affixed the word "essence" on certain products and packaging and has advertised such products for sale in such packaging. However, it denies there exists a likelihood of confusion or association between "Essensis" and the word "essence" as used by Glanbia.

Glanbia says it would be inconceivable that an Irish consumer would buy a Yoplait product in the mistaken belief that it had been produced by Danone.

The hearing continues.