MANCHESTER United have moved to block an Irish ice cream manufacturer from allegedly "abusing" the club's official crest on its wrapping paper.
Mr Pat O'Connell, counsel for the Premiership champions, told Mr Justice O'Sullivan in the High Court in Dublin yesterday that Valley Ice Cream was illegally using the words Man U and the Manchester United Football Club crest on the cover of an iced lollipop. "The use of the crest is unauthorised and an infringement of the club's Irish registered trade marks," he said.
Mr Patrick O'Donovan of Manchester United Merchandising Ltd told the court in a sworn affidavit that the company was a subsidiary of Manchester United plc and had a turnover in Ireland last year of more than £25 million from club registered products. The company's income from sales to Irish fans had risen from £14 million in 1994 to an expected £26 million this year.
Mr O'Donovan said Manchester United plc licensed the manufacture of a vast range of merchandise, all of which bore the club crest or other names or insignia associated with the club. This was then sold by the merchandising arm of the club or its official distributors.
He said official merchandise was solely distributed in Ireland by Eiffel Distributors Ltd to various sporting and retail outlets. "Manchester United is one of the most successful clubs in the history of British football with a worldwide following," he said. "Each of its premier league games are televised and watched by an estimated "million viewers in Ireland and the UK."
Players such as Roy Keane and Ryan Giggs were highly sought after for advertising and promotions.
Mr O'Donovan said Valley Ice Cream (Ireland) Ltd, of Templemore Road, Thurles, Co Tipperary, was producing a flavoured water ice in packaging displaying the words MAN U and the club crest which was being sold in shops throughout Ireland.
Mr O'Connell told Mr Justice O'Sullivan that Valley Ice Cream had been asked to desist from infringing the club's intellectual property rights, trade marks and copyright. He said Valley Ice Cream had been in negotiations with Manchester United for a licence to produce authorised products but the talks had been ended in terms clearly indicating the club would not grant Valley Ice Cream a licence.
Mr O'Connell said the club believed Valley Ice Cream had continued to manufacture and sell unauthorised goods and that the public could be confused or deceived into believing they were officially sanctioned merchandise.
Mr Justice O'Sullivan granted Mr O'Connell leave to serve short notice on Valley Ice Cream informing it of its intention to seek a court order restraining its alleged infringement of various Irish registered trade marks.