A High Court ruling yesterday in a row between biscuit companies Jacobs and McVities has cast doubt over the fate of tens of thousands of packets of McVities fig rolls in storage here.
In a case where Jacobs sought an injunction to prevent the sale here of some 100,000 packets of McVities cream crackers and fig rolls on grounds they were packaged in a manner confusingly similar to Jacobs, Mr Justice Frank Clarke ruled that the cream crackers may be sold but not the fig rolls.
He said he was not satisfied Jacobs had made an arguable case justifying an injunction restraining the advertising, sale and distribution of the cream crackers but found it had done so in relation to the fig rolls. He said he will give his reasons for that decision at a later date.
The injunctions were sought pending a full hearing of the dispute between the companies. The action proper may not be heard until early next year.
In the proceedings, Jacobs has accused McVities' parent company, United Biscuits Limited, of "passing off" McVities fig rolls and cream crackers as being endorsed by Jacobs.
Jacobs claims the packaging used by McVities for its fig rolls and cream crackers here is similar to that used in the popular Jacobs' brands. As McVities has agreed to change the packaging of future packets, the case related to 100,000 packets of biscuits, 10,000 of which are on supermarket shelves and 90,000 in warehouses.
McVities has denied the claims and denies imitating the Jacobs packaging in Ireland. It has also denied that consumers would be confused by the products and contends that Jacobs cannot claim to have a monopoly on the colouring, size or shape of the packaging involved.
The court heard McVities had agreed last month to alter the packaging on the cream crackers and fig rolls.
However, it complained that it would be next year before they would be able to launch the new version of the products and that the court should permit the sale of the products already packaged.