Tipperary Crystal sues giftware shop

brightspark

http://www.tipperarystar.ie/news/home/275147/row-over-tipperary-crystal-packaging-comes-before-the-court.html#.WdueY8hgMPw.facebook

Whatever about copying logos etc., their product is probably no less deserving of being called "Tipperary Crystal" then the other crystal which I think is all made in Slovenia

Victor

Tipperary isn't a protected name like Clonakilty is a protected name in association with pudding or Champagne in association with sparkling wine, so if the claim is true, it seems to be justifiable.

brightspark

I know they are probably legally correct, just hard to feel any sympathy for them, it's not as if they highlight that their products are "Made in Slovenia"

Trade Marks Act 1996

15.—(1) [...]

(2) A registered trade mark shall not be infringed by—

(a) the use by a person of his own name or address;

(b) the use of indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service or other characteristics of goods or services; or

(c) the use of the trade mark where it is necessary to indicate the intended purpose of a product or service, in particular, as accessories or spare parts:

Provided that such use is in accordance with honest practices in industrial and commercial matters.

Section (2)(b) would seem to indicate that the use of a term like 'Tipperary Crystal' cannot be an infringement of trademark, however whatever "
Provided that such use is in accordance with honest practices in industrial and commercial matters" means, is unclear.

Since there would be a reasonably foreseeable consequence that the claimant's business or goodwill would be damaged, I suspect this practice doesn't qualify as an honest practice.