A High Court judge has expressed his concerns about the quality and safety of large-sized outdoor inflatables made by an Irish-registered company, which are primarily used by young children to jump on.
The concerns were expressed by Mr Justice Brian Cregan in relation to Eyrecourt Co Galway-registered Air Bouncers Ltd and Ausmur Civil Limited, which were found by the High Court to have breached Blaabjerg LEG APS trademark and intellectual property rights.
Arising out of the breaches the Judge awarded €221,000 in damages, including aggravated and exemplary damages and costs to Blaabjerg.
The judge said he was also allowing Blaabjerg to continue its proceedings and seek an order for damages despite the fact that the defendants have recently gone into voluntary liquidation.
Jumping pillows
The court heard that since the early 1980s the Danish company has made, and has trademarked, 'Jumping Pillows' which are large outdoor-based inflated pillows made from rubber that are built into the ground.
The court heard that the plaintiffs 'Jumping Pillows' products operate like "a bouncy castle without walls", and thousands of them have been installed in parks and recreational facilities all over Europe.
Blaabjerg distributes and markets the products under various licences agreements, including one for Ireland and the UK.
A small number of these inflatables have been installed at outdoor venues in Ireland.
The defendants the court heard had infringed the Danish company's trademark and had passed off its goods by using the words "Jumping Pillows" on websites where it offered similar types of inflatable structures for sale.
It was also alleged that the defendants' products are of an inferior quality.
Blaabjerg, whose products fully comply with the relative safety standards feared that this would result in confusion in the market and its own business suffering irreparable harm.
The defendants, it was claimed, refused to desist from the breaches.
The plaintiff was represented in the proceedings by Garret Flynn Bl instructed by solicitor Tom O'Byrne of O'Flynn Exhams solicitors.
Counsel said the High Court had previously made orders against the defendant and application for the quantification of damages was not contested,
The matter primarily was before Mr Justice Cregan for the quantification of damages.
Quality
In his decision the judge said he was satisfied to make the damages award against the defendants and that he was concerned about the quality of the defendant's product, having heard and accepted evidence that the defendants had made inflatables with the type of material that is used for trucks.
The judge also noted that the trademark dispute between the parties had originated some years ago.
He said that following negotiations a settlement agreement had been reached in 2020, and the defendants had agreed not to use the words Jumping Pillows or similar words to market their products and to take down websites where the plaintiff's trademark was infringed.
However, the plaintiff claimed that the settlement agreement was breached by the defendants by their continued infringement of the trademark on various websites registered by them.
The judge said he noted the plaintiff's concerns about the defendant going into voluntary liquidation following a creditor's meeting.
The plaintiff had not been given prior notice of that meeting, and the judge said that the plaintiff was considering its position on whether to seek to challenge the appointment of the liquidator to the defendants.
The judge further voiced his concern that the defendant company had disregarded, an order previously made by the High Court to disclose details to the plaintiff including the name and address of all the parties which the defendants had sold their products to.
The judge directed the liquidator appointed over the defendants to produce that information to the plaintiff within the next three weeks.
The judge adjourned the matter.
