Glassware companies resolve pattern trademark dispute

An action in which Waterford Crystal alleged that counterfeit Waterford crystal products were being produced by Cavan Crystal was settled in the High Court yesterday. The agreement was reached without any admission of liability on the part of Cavan Crystal and three named defendants.

The dispute centred principally on the use of the famous "Lismore" pattern which is Waterford Crystal's single best selling range of glassware. Last year, products worth over £125 million were sold under the Waterford trade mark. Of that figure, £85 million was generated in the US. Some £18 million worth of Waterford sales was attributable to the Lismore range.

Waterford Crystal initiated an action against Cavan Crystal; Mr Neil McKay, principal shareholder in Cavan Crystal, who lives in Santa Fe, California; Mr Oliver Byrne, a glassware trader of Ardilaun, Portmarnock, Co Dublin and Mr Sean Daly, of Ballyduff, Kilmeaden, Co Waterford and a former master cutter with Waterford Crystal.

In court yesterday, Mr Dermot Gleeson SC, for Waterford Wedgwood plc and Waterford Crystal Ltd., told Mr Justice McCracken that the matter had been settled.

In the agreement, Cavan Crystal and the other defendants consented to a permanent injunction which provided that they would not pass off any of the goods in a schedule annexed to the agreement.

It was agreed the injunction would not prevent Cavan Crystal manufacturing, distributing or selling cut crystal glass of the patterns known as "Innisfree" and/or "Kathleen" provided the cut crystal was branded with the Cavan Crystal logo.

Cavan Crystal and the three defendants consented to a permanent injunction not to infringe the Waterford Crystal "Lismore" pattern trademark (not the name).

Cavan Crystal also agreed to pay the Waterford companies a sum of £80,000 for legal costs and to deliver up, within seven days, any remaining cut crystal which was the subject matter of the action.

The Waterford companies alleged that Cavan Crystal and the other defendants had attempted to pass off, and had caused and assisted others to pass off, crystal goods as being Waterford Crystal goods.

The defendants claimed the Lismore pattern had been used for many decades and that there was no exclusivity in the use of the pattern. It was also pleaded that Cavan Crystal had been manufacturing since the 1970s glassware bearing a cut or pattern similar to the Lismore pattern.

The defendants denied they had passed off or attempted to pass off their goods as Waterford Crystal and further denied that they knew or ought to have known that the Cavan Crystal product was counterfeit Waterford crystal.