Kerrygold Loses Butter Trade Dress Suit Against Competitor

Ornua Co-Operative Ltd., the maker of Kerrygold Irish butter, failed to convince a New York federal judge that a competitor’s product infringed the trade dress of its popular spread.

Abbey Specialty Foods LLC’s Tipperary and Kerrygold butters both use the same silver foil background, Celtic-style font, and a similar green color, but “the overall impressions created by the two trade dresses differ meaningfully,” according to an order issued Monday by the US District Court for the Southern District of New York.

Judge Jessica G. L. Clarke granted Abbey Specialty summary judgment on Ornua’s claims of infringement, unfair competition, and deceptive ...