De Staic in High Court bid to protect designs

DINGLE jeweller Brian de Staic has gone to the high court seeking an injunction to stop a rival selling products Mr De Staic claims are similar to his.

Brían de Staíc, a jeweller, artist and goldsmith who runs a number of shops in Cork and Kerry claims a shop opened by two former employees in Dingle is selling products similar to his “Ogham Stone Collection”.

He is seeking a High Court injunction preventing the rival, AJ Bácéir Teoanta, trading as Dingle Goldsmiths, from infringing his copyright and selling products under the name Ogham Stone Collection.

The High Court court heard that lawyers for the defendant had, in correspondence, disputed the passing off claim.

The rival shop is seven doors away from Mr de Staic’s outlet in Green Street, Dingle.

Mr de Staíc says it is piggybacking on the success his shop has built up over the years particularly in relation to the US tourist market and the tour buses which visit the town.

Majella Twomey BL, for Mr de Staíc, was granted permission by Ms Justice Caroline Costello to serve short notice of injunction proceedings on the defendant company.

The application was made on a one-side only represented basis.

In an affidavit, Mr de Staíc says he opened his first shop in Dingle in 1981 and his collection of Ogham Stone jewellery has grown over the years incorporating new designs and different types of jewellery. All his jewellery has the “BdeS” stamp which is registered in the Assay Office in Dublin.

The court heard that the directors of the defendant company, Jerry and Aideen Bácaéir, were employed by Brian de Staíc Teo for a number of years. In April last year, they opened their own shop trading under the name “Dingle Goldsmiths”.

Mr de Staíc says he is known in the community as Seodóir and Daingin which he says means “The Dingle Goldsmith”.

He says the defendant is copying the Ogham Stone Collection, advertising and selling its products in a manner almost identical to how he markets his products. He said this amounts to ‘passing off’ and confuses the public.

Requests have been made by Mr de Staíc’s solicitors to the defendant to cease producing and selling jewellery under the Ogham Stone Collection brand but it had failed or neglected to do so.