Owner fails in attempt to claim ‘Kinnitty Castle’ as his trademark
Cornelius Ryan took case to stop receiver and KBC Bank using Offaly hotel’s name
Cornelius Ryan said he bought the property, then derelict, from the State in the 1990s and converted it into “one of the most popular” weddings venues in the country. Photograph: Dara Mac Dónaill
The owner of Kinnitty Castle hotel, Co Offaly
, has claimed the bank-appointed receiver operating the business has infringed his trademark by continuing to market the venue as Kinnitty Castle. A sale of the property is “imminent”, the High Court also heard.
Cornelius Ryan yesterday failed to get a High Court injunction preventing the receiver and KBC bank continuing to call the hotel “Kinnitty Castle” on grounds those words constitute his registered trademark.
Mr Justice Sean Ryan said the businessman was not entitled to that injunction, sought pending the outcome of the full hearing of his claim, because he had failed to show damages would not be an adequate remedy should he win the action. The venue has been run by receiver Declan Taite of FGS Partnership following his appointment by KBC in 2008.
Mr Ryan claims he owns the trademark and is the originator of the business identity of Kinnitty Castle and the website kinnittycastle.com.
He said he bought the property, then derelict, from the State in the 1990s and converted it into “one of the most popular” weddings venues in the country. He ran the business until KBC appointed a receiver in 2008. KBC, which claims to be owed €5 million by Mr Ryan, and Mr Taite deny any copyright infringement.
Rossa Fanning, for the receiver, argued the graphical representation and logo for the hotel business was different from those used by Mr Ryan and the receiver also used a different website, kinnittycastlehotel.com