Baby wipes firm takes legal action over alleged trademark infringement
WaterWipes says rival’s use of ‘Waterful’ brand infringes intellectual property rights
WaterWipes is seeking damages or, if appropriate, an account of the defendants’ profits as a result of the alleged infringement.
A company which produces biodegradable baby wipes has taken a legal action alleging a rival is infringing its trademark.
The plaintiff claims the infringements are in breach of a number of EU trademark regulations.
WaterWipes, of Donore Industrial Estate, Drogheda, Co Louth, seeks an injunction restraining the Waterful companies, with offices in Camden Street, Dublin, or their agents, infringing trademarks of which WaterWipes is proprietor.
It also seeks an injunction restraining the defendants from advertising, stocking, offering, marking or selling wipes under or by means of the names and/or signs “Waterful” and/or “WaterfulWipes” and/or “Waterful Wipes”, or confusingly similar names.
It further seeks damages or, if appropriate, an account of the defendants’ profits as a result of the alleged infringement.
It claims the defendants have advertised “Waterful Wipes” on Facebook and subsequently changed it to “Waterful Plastic Free”.
They have also promoted their product on Instagram and caused themselves to be identified as “Waterful Wipes” in a Google search.
On Monday, Mr Justice David Barniville admitted the case to the fast track Commercial Court list on the application of Paul Couglan BL, for Waterwipes.
The judge gave directions for the preparation of the case for hearing. He urged the parties to discuss the matter and consider mediation as a means of resolving it.