UNDERTAKINGS were given in the High Court yesterday on behalf of two defendants in the case being taken by Waterford Wedgwood against Cavan Crystal and others relating to the infringement of trademarks.
Waterford Wedgwood plc and Waterford Crystal Ltd had sought interim injunctions against Cavan Crystal Glass Ltd, Dublin Road, Cavan; Mr Neil McKay, Rancho Santa Fe, California, US; Mr Oliver Byrne, Ardilaun, Portmarnock, Co Dublin; and Mr Sean Daly, Ballyduff, Kilmeaden, Co Waterford.
Yesterday, Ms Fidelma Macken SC, for Waterford Wedgwood, said her client had reached some agreement on the interim application and had accepted undertakings on behalf of Mr Byrne and Mr Daly. The motion against the two defendants could be struck out. The undertakings were in the form of the injunctions sought and would continue until the trial of the action.
The undertakings are that they will not, pending the trial of the action, infringe any of Waterford's registered trade marks or apply them or any confusingly similar trade mark to any glassware or packaging or any other materials of any kind whatsoever.
They also undertook not to pass off any goods not of Waterford's manufacture as or for those of Waterford or enabling third par ties to do so whether in the State or elsewhere.
Another undertaking was that they would not release for sale, export or distribution or otherwise or deal in goods not of Waterford's manufacture bearing any of Waterford's registered trade marks or any confusingly similar trade marks or cut in Waterford's distinctive Lismore pattern or bearing a pattern similar to the Lismore.
Their final undertaking was that they would restrain from parting with any samples of crystal glass or other glass given to them on behalf of any parties identified in a previous affidavit, any crystal glass made in fulfilment of any orders identified and any crystal glass returned to them arising from fulfilment of any of the orders.
Ms Macken said the application for interim injunctions against Cavan Crystal Glass Ltd and Mr Neil McKay, chief executive, would be going ahead. She said that the defendants had delivered a 160 page affidavit and her clients could not deal with it in a short time. She asked that the case be put in for mention for Thursday, July 3rd, with a view to setting a date the following week.
The President of the High Court, Mr Justice Costello, made the orders and said that all affidavits should be in by July 3rd.
