The plaintiff is a major producer of wholewheat brown bread in Ireland. The defendant is a well-known manufacturer of a wide range of different breads, but had not until recently competed with the plaintiff.
In 2008, the plaintiff began to sell its wholewheat brown bread in a re-sealable, clear, plastic bag with a distinctive green panel on the front. In 2011, the defendant changed its packaging for wholewheat brown bread to a similar re-sealable clear, plastic bag.
The plaintiff sought an injunction against the defendant under both common law and under section 71 of the Consumer Protection Act 2007 (“CPA”) arguing that the defendant’s new packaging caused the plaintiff’s customers confusion.