Bread company Brennans has been given 48 hours to change packaging on one of its brown bread products after a Supreme Court ruling yesterday.
Joseph Brennan Bakeries lost an appeal against a High Court ruling last year that packaging, introduced in January 2011, was confusingly similar to that used by rivals McCambridge.
McCambridge, Rathcoole in Dublin, obtained High Court orders preventing Brennans from using similar packaging on a wholewheat bread product which both companies bake.
In November, the High Court granted McCambridge an injunction and Brennans then appealed to the Supreme Court.
By a four to one majority, the Supreme Court yesterday dismissed the appeal.
Mr Justice John McMenamin said he was satisfied the tests for passing off, as laid down in case law, had been met. An application from Brennans to give it four weeks to change the packaging was rejected.
Chief Justice Ms Justice Susan Denham put a stay on the order for only 48 hours which means the packaging will have to be changed by then.
