Ice cream maker wins court battle against rival

A YORKSHIRE ice cream manufacturer which supplies Asda and Tesco has won a High Court case against a rival which copied its packaging.

Halifax-based Tubzee brought the action against local rival Safron Foods for trademark infringement and passing-off.

Both companies manufacture and supply Asian ice cream products known as kulfi. A judge ruled in favour of Tubzee’s claim that Safron Foods had copied its packaging and the company and two of its former directors are liable for infringing trade marks and passing off their products as those of Tubzee.

Tubzee is run by brothers Khalid Mahmood and Asif Hussain and had turnover of £1.5m last year and employs 10 staff.

The court will rule at a later date how much money Tubzee should receive in compensation however the firm’s lawyer, Luke Patel, said he believes that Safron Foods will go into liquidation.

Although he said that former directors Tanvir Hussain and Mudasar Mahboob still remain personally liable.

Tubzee, which was founded in 2000 and has a turnover of £2m, began the action last year in the High Court at Leeds. The claim concerned the recently redesigned packaging of Safron Foods’ ice cream products which infringed two of Tubzee’s registered trade marks.

Tubzee’s lawyer, Luke Patel, commercial litigation partner of Blacks Solicitors in Leeds said: “”Tubzee have built up a successful business with a good reputation for producing quality products, known as ‘Kulfi Ice’ and ‘King Kulfi’.

“Having seen the success enjoyed by the company, Safron Foods sought to cash-in on that success by passing-off their products as being those produced by Tubzee. Understandably, Tubzee could not allow this to continue and were forced to take court action to protect their long-established brand. That action was successful in its entirety.

“Not only the company, but also the two former directors, were found to be responsible, which shows the courts will not allow directors to hide behind their companies. Permission to appeal the decision to the Court of Appeal was refused. Safron Foods Limited, through their advisors, have now intimated their proposal to place the company into liquidation, but the former directors remain personally liable,” he added.

Safron Foods was ordered by the court to deliver all packaging with the offending designs to the offices of Blacks Solicitors for destruction.

Tubzee supplies major supermarket chains such as Asda and Tesco as well as local and national retailers and has plans to break into the international ice cream market.