Danone loses Essence action against Glanbia

Irish food group Glanbia has won a trademark dispute with French rival Danone over the Kilkenny-based company’s Yoplait Essence brand of dairy health drinks.

“The company is pleased that the High Court has confirmed that Danone’s Essensis trademark should be revoked as it is not a genuine market brand and has never been used as such,” Glanbia says.
Danone started legal proceedings early last year, saying that Glanbia’s launch of the Yoplait Essence brand in Ireland in February 2006 infringed its Essensis trademark. Glanbia counter-claimed that Essensis should lose its trademark in Ireland because it had not been put to genuine use in the country within five years of its registration.
Justice Finlay Geoghegan found in favor of Glanbia, noting there was substantial dispute over usage of the brand. “I have concluded that Danone has not proved genuine use of the trademark Essensis in relation to yogurt.”
Danone said in a statement that it was very disappointed with the ruling and considering its legal options.