The High Court earlier this year has been the venue for a dispute between two leading Irish bread makers – McCambridges and Brennans – about packaging and branding. The case is particularly interesting because of the rise generally in recent years of attempts by the producers of non-branded and white label goods to benefit from some of the positive associations that branded goods have in consumers’ minds. This article discusses some of the issues in this case at a critical juncture after an initial finding by the High Court that there has been confusion in the minds of consumers.
McCambridges v Brennans – Passing off and the value of registered IP rights