High Court proceedings issued against Dublin food company for alleged copyright infringement
25 January 2022 | 0
High Court proceedings have been issued against a Dublin food company, after an American-based producer claimed it was using “nearly identical” packaging to its own for a pounded yam product.
US-based wholesaler and retailer Fayus Inc, trading as Yusol International Foods, said in its court action that it had been selling its Ola-Ola branded products since 2007 to wholesalers and retailers in Ireland.
The company claimed it had seen a “noticeable decline” in orders of yam, a west African staple and, in some cases, retailers who regularly bought the product had stopped ordering from the group.
The Irish Times reports Fayus Inc is suing Stela Value Foods Limited, with a registered address at Unit 8 Ringwood Centre, Damastown Close, Dublin 15. The group claims Stela has infringed its copyright of the Ola-Ola packaging and passed off goods for products produced and/or provided and/or marketed by the US company.
Stela has denied all claims.
The case qualifies for entry to the Commercial Court’s fast-track list according to Mr Justice Denis McDonald.
Stela’s lawyers said the group had consented to three injunctions restraining it and its agents from passing off products as or for Stela’s Ola-Ola Authentic Pounded Yam (Iyan) or infringing Fayus’ copyright in packaging.
In an affidavit, Fayus’s chief operating officer, Fatai Yusufu, said Fayus has sold 45,600 units of its authentic yam product in Ireland with an approximate value of €1.5 million. Fayus is also looking for based on alleged profits made from products subject of alleged copyright infringement.
Mr Justice McDonald has adjourned the matter for two weeks and said he hoped both parties can resolve any outstanding issues between them.