My case note on the Irish Supreme Court decision in Danone v. Glanbia has been published in the Journal of Intellectual Property Law & Practice. I summarise the significance of the decision as follows:
The use of trade marks as non-primary branding is increasingly a feature of consumer product marketing and it will be of reassurance to companies engaged in such marketing to note Macken J’s observation that she does ‘not consider there is anything in law which prevents an ingredient from being part and parcel of the marketing or promotion of the product of which it is an essential component’.
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