Calor took these proceedings due to a very real concern that LPG was being supplied to the public in gas cylinders which belonged to Calor but which had been filled without Calor's authorisation or knowledge. This raised the risk of consumers mistakenly believing that these cylinders had been filled and supplied by Calor when this was not the case and the possibility of public safety issues arising as a result.
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Calor takes its safety and regulatory obligations concerning cylinder filling and maintenance very seriously. Consumers purchasing LPG in CALOR branded cylinders featuring Calor’s own safety seal can be assured that Calor has filled the cylinders in accordance with all statutory requirements and with Calor’s own safety programme. Calor can take no responsibility for cylinders which have been filled without its authority and in circumstances where such filling may not have been undertaken in accordance with its own high standards.
In his ruling, Mr Justice Cooke confirmed that Calor Teoranta is the owner of the cylinders in question, despite claims to the contrary made by Tru Gas. In addition, Calor was awarded several injunctions, the most important of which prohibit the unauthorised refilling of or interference with CALOR branded cylinders, or the use of the CALOR name or mark without the approval or knowledge of Calor.
(CD)
