Case No. IP-2014-000051

1.This is a reserved judgment following the trial on 8 and 9 June 2016 of a claim for trade mark infringement and passing off which was issued in the Intellectual Property Enterprise Court on 17 November 2014. 2.The Claimant (“Oran”) is an Irish company, based in the town of Oranmore in Galway, which manufactures and sells precast concrete products. It is a family company which was set up by two brothers and a brother-in-law: Michael Melville, Peter Melville and Donall Dooley (married to their sister Noreen Mary Melville) in order to continue the existing family precast concrete business run since the mid 1970s through a previous company. Oran was incorporated in 1996 and has sold and offered for sale precast concrete products and related design and construction services in Ireland since that date and in the UK since 2008. Since its incorporation it has utilised a large number of other family members from that and the next generation as directors and employees. 3.The First Defendant (“Oranmore”) is an UK company based in Weeting, Norfolk. It also manufactures and sells precast concrete products and sells related design and construction services. It was incorporated in October 2011 and has traded in the UK since March 2012. The Second Defendant (Ross Melville) and Third Defendant (Richard Burke) are the founders and directors of Oranmore. Ross Melville was formerly a director of Oran. Richard Burke was formerly Oran’s General Manager. They are related to many of the current directors, shareholders and employees of Oran by marriage or blood. Ross Melville is Michael Melville’s son. Richard Burke was married to Donall Dooley’s daughter Linda. From October 2011 to September 2014 Ross Melville was a director of both companies, Oran and Oranmore, simultaneously.4.This case, therefore, involves a family dispute in a business context.5.Oran is represented before me by Mr Thomas Moody-Stuart, Queen’s Counsel, and the Defendants are represented by Mr Gwylim Harbottle. They both filed comprehensive skeleton arguments. On 18 July 2016 I invited further submissions on two authorities which had not been cited to me but on which I proposed to rely. Both Mr Moody-Stuart and Mr Harbottle took the opportunity to file further written submissions on 20 July 2016. I thank both of them very much for their clear and concise skeleton arguments, their skilful written and oral submissions and the efficient, timely and effective manner in which they conducted the trial.