US – Irish dairy leader Ornua has taken New Zealand’s Westland Dairy to the US court for what it claims to be a trademark infringement of its Kerrygold packaging by the Westgold butter brand.
According to the legal documents filed in the US district court in Northern California on December 30, 2022, Ornua Foods North America filed an Intellectual Property – Trademark lawsuit against Westland Dairy Company.
The ‘cause of action’ is enlisted as “15 USC Section 44 Trademark Infringement,” and the judge overseeing this case is James Donato. Ornua has called for a jury trial.
Calling it “Buttergate,” Business Desk reports that the lawsuit is aimed at stopping Westland from advertising, marketing, distributing or selling butter products using a trademark and trade dress “that are confusingly similar to Ornua’s federally registered Kerrygold trademarks and trade dress.”
Ornua claims the packaging and brand name are ‘substantially similar’ to Kerrygold, amounting to a ‘deliberate effort to trade off the enormous goodwill and strong reputation’ that has been built for the Kerrygold brand.
Both brands’ blocks of butter are packaged in gold wrapping with the image of a cow and words highlighting the “grass-fed” nature of the butter.
Westland confirmed that it has received a legal notice from Kerrygold. It is reported that the company has until January 19 to respond, with a hearing on the motion scheduled for February 9.
“Fellow butter brand, Kerrygold, is seeking to prevent Westgold butter from using its packaging in the US market,” says Richard Wyeth, CEO at Westland Dairy Company.
“Westgold’s distinctive packaging is linked to our rich heritage on the West Coast of New Zealand, and the taste of our traditionally churned, grass-fed butter is rapidly gaining recognition around the world.”
Commenting on the case, a spokesperson from Ornua said that the company places the highest priority on the protection of the Kerrygold brand and its distinctive trade dress.
“In the US today, Kerrygold is the number one imported butter and number two butter overall, achieved through a combination of the high quality of the Kerrygold product range, coupled with 25 years of brand investment in this highly strategic market,” noted the spokesperson.
“We are proud of this success and will continue to protect the Kerrygold brand for the benefit of our member cooperatives and, in turn, the 14,000 Irish dairy farming families they represent.”
According to reports, Ornua first sent Westland a cease-and-desist letter and tried to resolve the matter through discussions in August 2022.
The two companies, however, did not find a sounding resolution leading to Ornua seeking legal clarification from the court.
The Ornua spokesperson concludes: “While we welcome healthy competition and new entrants to the premium butter market, we cannot allow infringement of our branding or trademarks.”
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