A WAR of words in the £70 million Irish cider market is to come before the High Court next month. The cider market, for so long the poor relation of beer, is now so lucrative that two of the main players - British company, Symonds, and Showerings of Clonmel - are to wage a court battle over the word "scrumpy".

Symonds, which owns the Scrumpy Jack brand, has objected to the introduction of a new canned cider product by Showerings called Annerville Golden Scrumpy. Symonds claims the word scrumpy is an integral part of its brand in the Republic, and alleges that Showerings is attempting to "pass off" its new product as Scrumpy Jack. It wants an injunction to force Showerings to withdraw Annerville Golden Scrumpy from sale.

Showerings is defending its position, and claim's that the word scrumpy is a generic term for a particular variety of cider. Its product is not infringing the Symonds's brand name, and is not an attempt at passing off, Showerings will argue.

Neither company would comment on the matter as it is now in the hands of their respective lawyers. The case came before the President of the High Court, Mr Justice Declan Costello, last week, and was adjourned until October 15th.

The Scrumpy Jack can is gold with brown writing while the Annerville Golden Scrumpy can is a golden green with black type. Both ciders are strong in alcohol - 6 per cent by volume compared to most Irish beers which are 4.3 per cent - and both cans carry the words "traditional cider".

Scrumpy Jack, which was launched here three years ago, claims to have secured a 5-6 per cent share of the cider market which is worth at least £70 million. The cider is made by Symonds in Herefordshire and is kegged and bottled in Ireland by the Cork brewer, Beamish & Crawford.

Showerings, which has about 85 per cent of the Irish cider market through brands such as Bulmers, and Coopers, launched Annerville Golden Scrumpy, which takes its name from the company's address in Clonmel, in June.

Scrumpy Jack's main advertising slogan is: "Noting added but apples" while its court rival, Showerings, uses the line "Nothing added but time" to promote its main brand Bulmers.

Several weeks after the launch of Annerville Golden Scrumpy, Showerings received an initial letter from Symonds voicing its concerns over the use of the word scrumpy. After further correspondence the matter was put in the hands of the companies' respective lawyers about the end of July. Both plaintiff and defendant have prepared a number of detailed affidavits on the matter.

The case is further evidence of the revitalisation of the cider market in Ireland. Through the Cider Industry Council, Showerings and other companies have spent hundreds of thousands of pounds attempting to quash the "cider party" image and promote cider as a sophisticated drink for 18-35 year olds. The strategy appears to have worked as cider consumption has more than doubled over the past four years.

Earlier this year, Scrumpy Jack had to withdraw one of its billboard advertisements after a series of complaints that it was offensive and appeared to condone violence against women. The advertisement showed an apple with a teardrop with the caption: "She was sweet, tender and juicy so we flattened her".