BREAD COMPANY Brennans set out to confuse customers of rival McCambridge’s by deliberately copying the packaging of a well-established McCambridge brown loaf, the Commercial Court was told yesterday.
Michael McCambridge, chairman of McCambridge’s Ltd, made the claim at the opening of proceedings by his company alleging “passing off” by Brennans in the packaging of a stone-ground wholewheat loaf of bread.
The court heard McCambridge’s is leader in the traditional section of the bread market, with a 30 per cent share. Joseph Brennan Bakeries, trading as Brennans, is the overall bread market leader in the State, the court also heard.
Mr Justice Michael Peart was yesterday shown an array of brown bread products made by McCambridge’s, Brennans and other companies, most in resealable clear packaging. In reply to the judge, Mr McCambridge said his concern was that people who usually buy McCambridge’s would be confused by the Brennans packaging and buy the rival product by mistake.
McCambridge Ltd, with registered offices at Rathcoole, Co Dublin, claims Brennans has infringed its copyright in its bread packaging and is “passing off” its bread as that manufactured by McCambridge. Brennans denies the claims.
McCambridge’s claims it is “widely known” for its “highly popular Irish stone-ground wholewheat bread, sold as a rectangular 500g ready-sliced loaf in plastic resealable packaging”.
Outlining the case yesterday, Anthony Aston SC, for McCambridge, argued there was “a confusing similarity” between the packaging introduced by Brennans in January last for its wholewheat sliced bread and that of McCambridge’s. The similarity was particularly evident when the two products were viewed side by side with the front facing out on supermarket shelves, he said.
Counsel said Brennans accepted McCambridge’s has a good reputation but contended its packaging was sufficiently distinctive. His client disputed that and had witness statements from consumers who reported confusion.
Mr McCambridge told Mr Aston that while Brennans claimed it had set out to distinguish its product from the McCambridge one, it had “spectacularly failed” to do so. Given the fact Brennans is the leader in the overall bread market, it was surprising it had not used its yellow and red livery more in the packaging, he said. McCambridge’s claims Brennans began a process of “deliberate mimicking” of the McCambridge product in 2008 and on January 24th last produced a “lookalike” product.
