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Injunction refused to restrain use of ‘GHR’ branding by competing radio station
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The High Court refused the plaintiff's application to extend an interim injunction restraining the defendant from using the initials 'GHR' in the branding and broadcast of a radio station pending trial. The court held that the initial interim injunction, which restrained use of the words 'Greatest Hits Radio', did not cover 'GHR', and that the plaintiff had not established a fair issue to be tried that use of 'GHR' amounted to passing off or infringement of its registered trademark. The court found the visual, aural, and conceptual differences between the brands significant and noted that the risk of public confusion was low. Even if a fair issue had arisen, the balance of justice did not favour extending the injunction. The court also commented extensively on the adequacy of the plaintiff’s undertaking as to damages, concluding it required fortification by a parent company given the plaintiff’s financial position, but this did not affect the refusal of relief.
interlocutory injunction – passing off – trademark infringement – radio station branding – confusing similarity – balance of convenience – undertaking as to damages – fortified undertaking – interpretation of injunction – parent company guarantee – summary proceedings – Rules of the Superior Courts – Trade Marks Act 1996
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