Ir. Distillers/P O'Lionaird/P. Thompson/Mileeven/Lakeshore Food [1994] IECA 287 (25th February, 1994)

Ir. Distillers/P O'Lionaird/P. Thompson/Mileeven/Lakeshore Food [1994] IECA 287 (25th February, 1994)

The notified trade mark usership agreements are non-exclusive, do not restrict the licensees from producing or marketing similar products without the IDL trade marks, and the relevant markets are small specialist segments where the IDL trade marks do not create significant barriers to entry. The agreements do not have the object or effect of preventing, restricting or distorting competition within the meaning of Section 4(1) of the Competition Act, 1991.

Citation
[1994] IECA 287
Parties
Notifying Party: Irish Distillers Ltd; User Party: Peadar O'Lionaird; User Party: Phil Thompson; User Party: Mileeven Ltd; User Party: Lakeshore Foods Ltd; Parent Company: Irish Distillers Group plc
Jurisdiction
Ireland
Procedural Posture
Competition Authority Notification Decision / Final Decision and Certification
Outcome
Certificate issued; agreements do not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Trade Mark Licensing, Section 4 Competition Act 1991, Non Exclusive Licences, Market Definition, Non Challenge Clauses
Competition Law Intellectual Property Law Trade Mark Licensing Section 4 Competition Act 1991 Non Exclusive Licences Market Definition Non Challenge Clauses

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Parties

Irish Distillers Ltd

Notifying Party

Peadar O'Lionaird

User Party

Phil Thompson

User Party

Mileeven Ltd

User Party

Lakeshore Foods Ltd

User Party

Irish Distillers Group plc

Parent Company

Procedural Posture

Competition Authority Notification Decision / Final Decision and Certification

Legal Issues

  1. 1 Whether the notified trade mark usership agreements have the object or effect of preventing, restricting or distorting competition contrary to Section 4(1) of the Competition Act, 1991

Ratio Decidendi

The notified trade mark usership agreements are non-exclusive, do not restrict the licensees from producing or marketing similar products without the IDL trade marks, and the relevant markets are small specialist segments where the IDL trade marks do not create significant barriers to entry. The agreements do not have the object or effect of preventing, restricting or distorting competition within the meaning of Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate issued; agreements do not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the notified agreements between Irish Distillers Ltd and Peadar O'Lionaird, Phil Thompson, Mileeven Ltd, and Lakeshore Foods Ltd do not offend against Section 4(1) of the Competition Act, 1991.