Court of Appeal upholds injunction in Yoplait and Danone dispute

The Court of Appeal has upheld an injunction preventing a subsidiary of Danone from launching a range of skyr yoghurt products in Ireland pending a full trial in a passing-off dispute raised by rival company Yoplait.
Yoplait Ireland Limited, which has sold skyr products in Ireland since 2022, brought the legal action against Nutricia Ireland Limited after learning that it planned to launch a range of skyr products in Ireland in May 2025.
Yoplait alleges that Danone’s packaging is “confusingly similar” to its own, while Danone asserts that its packaging is consistent with its established branding and trademark.
In April 2025, the High Court granted an interim injunction restraining Danone from placing “confusingly similar” skyr products on the Irish market.
Following an appeal by Danone, the Court of Appeal last week upheld the decision of the trial judge to grant an injunction to Yoplait, albeit in modified terms.
The modified injunction restrains Danone from passing off its skyr products in Ireland as those of Yoplait, without any reference to “confusingly similar” products.
In her ruling, Ms Justice Niamh Hyland said: “I am conscious that Danone is being denied entry to a market that, on its case, it is fully entitled to enter. If it transpires that it is correct, competition will have been stifled.”
She said Yoplait was therefore obliged “to expedite the trial of the action and to make an application to the judge in charge of the commercial list in this respect”.