Beauty companies reach interim accord in legal row

Company accused of cloning rival’s website and ‘passing off’ its products

A beauty company that sells professional beauty products, including nail varnish, is suing a rival it claims was passing off its goods and had allegedly ‘cloned’ a website. Photograph: iStock
A beauty company that sells professional beauty products, including nail varnish, is suing a rival it claims was passing off its goods and had allegedly ‘cloned’ a website. Photograph: iStock

Two beauty product companies have reached an interim agreement in a legal row, the High Court has heard.

A Waterford-based company that sells professional beauty products had launched High Court proceedings against a rival it claimed was passing off its goods and which had allegedly “cloned” a website.

Airmount Beauty Limited, trading as The Manicure Company, had brought the proceedings against Manitrnd Ltd, with a registered address in Kilmuckridge, Gorey, Co Wexford.

Airmount, which sells, distributes and promotes beauty products, including nail polish, had claimed that it discovered several weeks ago that the other company had set up a website which it said was likely to cause confusion regarding the product range offered for sale by Airmount.

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Airmount claimed the text used in the defendant’s website corresponded almost exactly in every respect with that of Airmount and it also claimed that product images paid for by Airmount were allegedly used.

In the action, Airmount seeks various injunctions restraining the defendant from advertising, offering for sale or distributing anything that resembles its products.

Airmount, which is based in Waterford city, also seeks an injunction restraining the defendant from using its database.

When the case came back before the High Court on Friday Ms Justice Marguerite Bolger gave the parties time to discuss matters.

Afterwards, counsel for Airmount, Gary McCarthy SC, told the judge an interim agreement had been reached until the case comes back to court in April. He said Manitrnd had agreed to continue to keep its website on maintenance mode and not to sell any products.

Manitrnd was also given time to file a replying affidavit. The case was adjourned to April 8th.