CALOR GAS HAS labeled a court order against a Waterford fuel supplier ‘a victory against unauthorised filling and trademark infringement’ today.
Langan Fuels Limited was warned by the Commercial Court that a prison sentence could be imposed on owners if they failed to comply with a court order to “not handle or deal with Calor-branded gas cylinders in any capacity in the future”.
Calor secured orders against the company directors following repeated breaches of a 12 March ruling regarding the sale of Calor-branded cylinders that were not filled with the brand’s product.
Calor said they were concerned about the cylinders being “illegally filled and sold to the public”.
“The consequences of this illegal filling included a direct risk of injury to the public as a result of violations of accepted industry safety standards and misrepresentation of these cylinders as authentic Calor-filled products,” it said in a statement.
The 12 March order prohibited any so-called ‘rogue refilling’ of the cylinders. Further proceedings were started on 30 September as Calor said it had “new evidence” that the practice had continued.
In court, Justice Kelly asked directors Gerard and Breda Langan to give personal undertakings under oath to comply with the order.
The judge told the court that should the directors breach their personal undertakings, an application may be made to have them committed to prison for non-compliance. He highlighted that imprisonment would be a “very real possibility”.
Pirate refilling involves customers taking back empty cylinders and suppliers refilling them. Often, the branding is either grinded away or a sticker placed over the company’s name. Prices are often lowered also.
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