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Judge rules that Irish people are stupid.

  • 25-11-2011 5:10pm
    #1
    Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭


    Apparantely, Irish people are too stupid to tell the difference between these two products:

    http://img.rasset.ie/0004cfa1-314.jpg

    Let me be the first to say....this judge is a moron. How the **** could you not notice the big yellow & red Brennans logo? One has a photo of wheat and the other has a clipart style graphic of wheat. And they use totally different fonts in different sizes.

    Full news story:
    http://www.rte.ie/news/2011/1125/mccambridge_brennans.html

    And for people on crappy phones:
    Bread company McCambridge is entitled to an injunction Brennans over selling a brown bread product in packaging similar to that used by McCambridge, the High Court has ruled.

    The court found such packaging is likely to confuse consumers.
    Mr Justice Michael Peart has adjourned to next week his decision on the terms of the injunction to allow both sides consider his finding.
    Declan McGrath, for Brennans, said they hoped to address the issue of a stay and other matters in correspondence with a view to allowing Brennans "come into compliance".
    In his judgment, the judge found Brennans' packaging was likely to confuse consumers but Brennans had made no deliberate attempt to imitate or copy the McCambridge packaging so as to gain market share or confuse the public.
    He believed Brennans and its advisers genuinely believed the placing of the Brennans name and logo and other features on the packaging would avoid confusion, the judge said.
    However, the consumers' first overall impression of the products was crucial and he was satisfied it would take more care and attention that could be reasonably attributed to the average shopper to avoid confusion between the McCambridge and Brennans products when observed on the shop shelf, especially when placed adjacently or even proximately so.
    The positioning of the identifiable Brennans colours of yellow and red, its logo, and other distinguishing features did not overcome that risk as such distinguishing features may not be clearly visible to purchasers and in any event do not stand out clearly, he said.
    McCambridge had sought the injunction against Brennans pending the outcome of a full hearing when other issues, including whether McCambridge is entitled to any damages, will be addressed.
    Today the judge indicated a view that, up to the time of the hearing before him some months ago, McCambridge had been unable to establish actual loss but also accepted he was addressing the issue of liability only in the hearing before him.
    In its action, McCambridge claimed Joseph Brennan Bakeries, trading as Brennans, had set out to intentionally confuse customers of McCambridge by deliberately copying the packaging of a well-established McCambridge brown bread product.
    McCambdrige, which sells Irish Stone-Ground Wholewheat Bread as a rectangular 500g ready-sliced loaf in plastic resealable packaging, argued there was a "a confusing similarity" between packaging introduced by Brennans in January last for its whole-wheat sliced bread and that of McCambridge's.
    Brennans denied the claims and contended its packaging was sufficiently distinctive from the McCambridge product.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 7,732 ✭✭✭StupidLikeAFox


    Bit of a misleading thread title in fairness


  • Registered Users Posts: 2,921 ✭✭✭John Doe1


    While yes irish people are stupid, even i can tell the difference


  • Registered Users Posts: 1,903 ✭✭✭Napper Hawkins


    I am livid.


  • Closed Accounts Posts: 1,163 ✭✭✭smk89


    ColHol wrote: »
    Bit of a misleading thread title in fairness

    Judge rules stupid people are stupid


    Fixed


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    People in general are stupid. Why should the Irish be any different?


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  • Closed Accounts Posts: 4,137 ✭✭✭44leto


    McCambridge brown bread is gorgeous I never confuse the 2.

    But in general I agree with the OPs opinion, god love us, but us Irish are stupid


  • Registered Users, Registered Users 2 Posts: 11,264 ✭✭✭✭jester77


    Looks like Brennan's won't be making any dough from this product!


  • Closed Accounts Posts: 5,650 ✭✭✭sensibleken


    This is literally the worst thing i have ever heard of happening in the history of humanity. I am so angry I could shít a diamond.

    not even the bread is sacred anymore.


  • Registered Users, Registered Users 2 Posts: 5,103 ✭✭✭mathie


    Here Ill have a go at fucktard pun bingo...

    The judge is inbread as he oat dough know that he should loaf Irish people alone.

    AH pun-riddled thanks whores.
    Cunts.


  • Closed Accounts Posts: 1,980 ✭✭✭Dotrel


    Brennans have always been tight-lipped about where they get their ideas from.



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  • Closed Accounts Posts: 7,751 ✭✭✭Saila


    any designer can see they are intentionally trying to copy them. its obvious they are different but the main parts of the package are designed in a way to intentionally mislead


  • Registered Users Posts: 2,921 ✭✭✭John Doe1


    jester77 wrote: »
    Looks like Brennan's won't be making any dough from this product!

    What a wheaty comment:D


  • Closed Accounts Posts: 2,743 ✭✭✭blatantrereg


    McCambridge whilewheat soda bread is very tasty. No processed crap in it at all. It takes about 6 minutes to toast a slice. I think this is because the primary ingredient of it is buttermilk (over one third!).


  • Registered Users Posts: 2,512 ✭✭✭Ellis Dee


    Personally, I believe it is a reasonable judgement. Brennan's advertising agency sailed a little too close to the wind and got caught out.:)

    Those radio ads for Brennan's really get on my wick. I sometimes feel that if I won the Lotto jackpot, one of the really useful things I'd like to do would be take "aul Mister Brennan" to Paris for a few days, arrange a visit to a French bakery and let him see some real bread being made. Then I'd grab a big long crusty baton and ram it up his smart aul arse ---;);)


  • Registered Users, Registered Users 2 Posts: 24,151 ✭✭✭✭ejmaztec


    jester77 wrote: »
    Looks like Brennan's won't be making any dough from this product!

    That post will be panned by the critics.


  • Registered Users, Registered Users 2 Posts: 7,822 ✭✭✭stimpson


    Saila wrote: »
    any designer can see they are intentionally trying to copy them. its obvious they are different but the main parts of the package are designed in a way to intentionally mislead

    Me hole. Different font. Different shade of green. Lack of a photo. Big yellow Brennan logo.

    A blind man could tell the difference.


  • Closed Accounts Posts: 2,512 ✭✭✭Oh_Noes


    It's a bit silly to pick out the slight differences in packaging. One company blatently copied the other's packaging in every way apart from those slight differences. They could have packaged it any way they liked but they chose to more or less clone another brand.


  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    Saila wrote: »
    any designer can see they are intentionally trying to copy them. its obvious they are different but the main parts of the package are designed in a way to intentionally mislead

    I think you'd have to be stupid to think it was a coincidence both designs are so alike.


  • Registered Users Posts: 2,512 ✭✭✭Ellis Dee


    McCambridge whilewheat soda bread is very tasty. No processed crap in it at all. It takes about 6 minutes to toast a slice. I think this is because the primary ingredient of it is buttermilk (over one third!).

    Their barm bracks (a delight of Irish cuisine, albeit seasonal, that is unfortunately not well known abroad) are likewise delicious. :):)


  • Closed Accounts Posts: 1,417 ✭✭✭reprazant


    I think the OP should get a job writing misleading, sensationalist, rubbish headlines for the Herald or one of those tabloidy types.


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  • Registered Users, Registered Users 2 Posts: 13,525 ✭✭✭✭ArmaniJeanss


    Isn't Brennans usual policy to cover between 50 and 100% of a product in their yellow and red livery?
    Does seem strange that they chose such a different minimalist style of covering for this product.


  • Closed Accounts Posts: 5,132 ✭✭✭Killer Pigeon


    Take away the logo and the packaging and I, for one, would not be able to tell the difference between the two.


  • Registered Users, Registered Users 2 Posts: 24,151 ✭✭✭✭ejmaztec


    Ellis Dee wrote: »
    Then I'd grab a big long crusty baton and ram it up his smart aul arse ---;);)

    I knew the crusties would be in here somewhere.


  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    ejmaztec wrote: »
    That post will be panned by the critics.

    I thought that post was the best thing since


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    ColHol wrote: »
    Bit of a misleading thread title in fairness

    ...the mans going for a job as a journo, give him a bit of space now.


  • Registered Users, Registered Users 2 Posts: 24,151 ✭✭✭✭ejmaztec


    Morlar wrote: »
    I thought that post was the best thing since

    I bet there isn't a grain of truth in your post.:(


  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    ejmaztec wrote: »
    I bet there isn't a grain of truth in your post.:(

    Hey, leavened it out.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    ejmaztec wrote: »
    I bet there isn't a grain of truth in your post.:(

    ...its just another of his half-baked notions.


  • Registered Users, Registered Users 2 Posts: 389 ✭✭EoghanConway


    Take away the logo and the packaging and I, for one, would not be able to tell the difference between the two.

    Or if they were upside down. Or if they were far enough away. Or if I had been sent to the shops with a vague description "it's the brown square one, with green wrapping and fancy writing".


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  • Closed Accounts Posts: 7,751 ✭✭✭Saila


    stimpson wrote: »
    Me hole. Different font. Different shade of green. Lack of a photo. Big yellow Brennan logo.

    A blind man could tell the difference.

    I said any designer I didnt say any body ;)


  • Registered Users, Registered Users 2 Posts: 8,456 ✭✭✭Ray Palmer


    Obviously intentional and yes you can tell the difference. THe big issue is where the full package is not shown and you are in a hurry are you likely to make a mistake. Reasonable jugement people who can't see why I would consider stupid:p


  • Closed Accounts Posts: 4,784 ✭✭✭Dirk Gently


    I rule this thread title to be misleading the public.


  • Registered Users, Registered Users 2 Posts: 24,151 ✭✭✭✭ejmaztec


    There's a lot of floury language in this thread.


  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    ejmaztec wrote: »
    There's a lot of floury language in this thread.

    Bit of a self-raising comment if you don't mind me saying so.


  • Closed Accounts Posts: 46,938 ✭✭✭✭Nodin


    ejmaztec wrote: »
    There's a lot of floury language in this thread.


    Yes, its difficult to sort the wheat from the chaff at this stage.


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  • Closed Accounts Posts: 9,273 ✭✭✭Morlar


    Nodin wrote: »
    Yes, its difficult to sort the wheat from the chaff at this stage.

    I don't think that is a nice thing to say. I reckon as soon as a moderator gets here you are toast.


  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭Dionysus


    44leto wrote: »
    McCambridge brown bread is gorgeous I never confuse the 2.

    But in general I agree with the OPs opinion, god love us, but us Irish are stupid

    As if to prove the point, We Irish are. ;)

    Brennan's is dry old muck, a cheap imitation. McCambridge's is a quality product. Well done to Michael McCambridge for successfully defending his patch.


  • Closed Accounts Posts: 2,491 ✭✭✭Yahew


    Saila wrote: »
    any designer can see they are intentionally trying to copy them. its obvious they are different but the main parts of the package are designed in a way to intentionally mislead

    What he said,

    brand is about the use of colour and font and size of the packaging etc. Otherwise you could copy Kellogg's branding exactly and call it Kellogs.

    Yahew rules that OP, and people who agreed with him are stupid.


  • Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭CrazyRabbit


    When choosing a thread title, I was looking for something that would catch attention. Accuracy is irrelevant. :D


  • Closed Accounts Posts: 284 ✭✭BigBrownBear


    Ellis Dee wrote: »
    Personally, I believe it is a reasonable judgement. Brennan's advertising agency sailed a little too close to the wind and got caught out.:)

    Those radio ads for Brennan's really get on my wick. I sometimes feel that if I won the Lotto jackpot, one of the really useful things I'd like to do would be take "aul Mister Brennan" to Paris for a few days, arrange a visit to a French bakery and let him see some real bread being made. Then I'd grab a big long crusty baton and ram it up his smart aul arse ---;);)
    Well said. What about 'aul mister Tayto' etc.
    'Aul Mr Brennan' is a marketing ploy to give the impression of a small, family run company, with a kindly old Dub who still looks after a little bakery he set up in the 1940's


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  • Registered Users, Registered Users 2 Posts: 7,822 ✭✭✭stimpson


    Saila wrote: »
    I said any designer I didnt say any body ;)

    Who gives a crap. Designers are full of crap probably due to a lack of dietary fibre. To the consumer they are different. That's all that matters.

    I rest on your face.


  • Closed Accounts Posts: 5,736 ✭✭✭Irish Guitarist


    If those two products were on the shelf side by side in such a way that the full labels couldn't be seen I could see how someone might pick up the Brennans bread accidentally.

    I'm surprised Tesco hasn't had similar problems with Lucozade because of their Tesco Active energy drink.


  • Closed Accounts Posts: 7,751 ✭✭✭Saila


    stimpson wrote: »
    Who gives a crap. Designers are full of crap probably due to a lack of dietary fibre. To the consumer they are different. That's all that matters.

    I rest on your face.

    in that case your fanny becomes fair game :cool:


  • Closed Accounts Posts: 4,044 ✭✭✭gcgirl


    Sheep like id say and if you look at Facebook news reel Saturday night it gets worse xfactor what purpose in life does it fulfil just slimeman cowels purse and waste life fook sake wantards


  • Registered Users Posts: 182 ✭✭criticalcritic


    They only calling us stupid now because we overwhelmingly voted to cut the ridicolous pay they recieve


  • Closed Accounts Posts: 2,024 ✭✭✭shannon_tek


    And I got a warning..... Well! Now I'm backed up by a judge.


  • Closed Accounts Posts: 7,751 ✭✭✭Saila


    gcgirl wrote: »
    Sheep like id say and if you look at Facebook news reel Saturday night it gets worse xfactor what purpose in life does it fulfil just slimeman cowels purse and waste life fook sake wantards

    :confused:

    *ushers patient back to her room*


  • Closed Accounts Posts: 6,679 ✭✭✭Freddie59


    I dunno. This is farcical IMHO. A certain leading supermarket chain regularly releases own brand products where there is a striking "similarity" between the own brand and the leading product.

    Amazingly I can still tell the difference between the two.:rolleyes:


  • Registered Users, Registered Users 2 Posts: 7,822 ✭✭✭stimpson


    Saila wrote: »
    in that case your fanny becomes fair game :cool:

    Eh...that's not a fanny.


  • Registered Users, Registered Users 2 Posts: 4,705 ✭✭✭Johro


    mathie wrote: »
    Here Ill have a go at fucktard pun bingo...

    The judge is inbread as he oat dough know that he should loaf Irish people alone.

    AH pun-riddled thanks whores.
    Cunts.
    *inferior pun alert*


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