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High Court refuses injunction to restrain UK newspaper from launching an Irish edition with a name similar to that of a well-established Irish newspaper, on the grounds that the plans for an Irish edition had been well known in Irish media circles and that the Irish newspaper had not moved with reasonable expedition to seek an injunction to restrain the launch.
Commercial Court - application for injunction - claim by newspaper to restrain other newspaper from launching Irish digital edition - Trade Marks Act, 1996 - Community Trade Mark Regulation 207/2009 - passing off - "The Times (Irish Edition)" - claim by The Irish Times - similarity to existing trade mark belonging to plaintiff - attempt to register "The Times (Irish Edition) in UK trade marks office - letter from defendant saying that it had no imminent plans to launch Irish edition - subsequent letter announcing imminent launch - whether infringement of existing trade mark - visual comparison - similarity between conflicting marks - sophistication of consumers - islands of evidence - passing off - reputation or goodwill in product - misrepresentation leading to confusion - damage to reputation or goodwill - s 14(3), 1996 Act - injunction - delay - whether evidence of confusion in long history of Sunday Times's Irish edition - knowledge of plans made by defendants for launch of Irish edition.
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