Northern Ireland

'I feel victimised' says man brought to court for selling southern Tayto

Mark Ferris, and inset left, the Co Down trader meeting the southern crisp firm's mascot Mr Tayto
Mark Ferris, and inset left, the Co Down trader meeting the southern crisp firm's mascot Mr Tayto Mark Ferris, and inset left, the Co Down trader meeting the southern crisp firm's mascot Mr Tayto

A SOLE trader brought to court by Northern Ireland crisps giant Tayto for selling the south's same-name brand has said he feels "victimised".

Mark Ferris said it was "grossly unfair" that Tayto NI took legal action against him for selling the Republic's brand of Tayto crisps to shops and pubs north of the border.

He questioned why the crisps firm issued trademark infringement proceedings against him rather than larger businesses selling the southern-manufactured Tayto.

The case, which reached Belfast's High Court on Wednesday, has highlighted the strict commercial distinctions between the two famous brands with histories stretching back decades.

Mr Ferris yesterday said southern Tayto is "very popular" in Northern Ireland and is sold in many locations across the north.

"I am absolutely disgusted – I have been victimised," claimed the 48-year-old from Ballynahinch, Co Down.

"What makes it more hurtful is, why do they not go out and face the big companies, who they know for years and years have been selling these crisps?"

Northern Tayto and southern Tayto
Northern Tayto and southern Tayto Northern Tayto and southern Tayto

He told The Irish News: "I'm still in a state of shock over the way I have been victimised when all the other big companies haven't been.

"They came after me because I was a wee boy. I was a wee man."

Mr Ferris said he set up as a sole trader around three years ago, selling confectionary, snacks and drinks to shops and bars in Northern Ireland.

He said there was a "big demand for Irish Tayto crisps".

"I was just doing the kind of wee corner shops. I wasn't going into big supermarkets," he said.

Read More: Southern Tayto 'removed from Bar Library in Belfast'

"I work for myself, no-one else. I was selling a few boxes of crisps to a few bars – and they came after me."

Mr Ferris said he was sent several letters warning him to stop selling the southern brand, and in March received a solicitor's letter advising him of the court proceedings.

At the High Court, Mr Ferris accepted breaching Tayto NI's trademark by selling in Northern Ireland the southern-manufactured brand of Tayto.

Read More: The question remains: which Tayto tastes best?

Mr Ferris said he was angered by the case being brought against him.

"Yes, I did sell them, but why didn't they go after the big companies who could fight it?"

Since the case was heard in court, Mr Ferris said his phone "hasn't stopped with people supporting me and sending me messages".

The devout Catholic said he has received support from clergy, and that one of his Co Tyrone customers told him they "would never buy the Northern Ireland Tayto crisps again".

Mr Ferris said he continues to sell northern Tayto, but no longer supplies the southern variety.

Tayto in the Republic was founded in 1954, while Tayto NI began in 1956 with a licensing deal. The two companies operate entirely separately.

On Wednesday, Mr Ferris's barrister Kevin Morgan confirmed the trademark breach was admitted, but stressed that the southern Tayto crisps were legally purchased from the Republic.

He argued that Tayto NI was "using a very large sledgehammer to crack a very small nut" in seeking a further hearing to examine any potential financial compensation.

But counsel for the firm based in Tandragree, Co Armagh, insisted it was about protecting its trademark.

Barrister Peter Hopkins said: "One misconception is the impression given, to put it colloquially, that he was some innocent abroad.

"It was a breach of the law, and two separate companies trading north and south."

A judge awarded costs to the company and remitted the case to a High Court master for further financial examinations.