Ryanair fails to prevent pilot association using its trademark image

The High Court has refused to grant Ryanair an injunction stopping the Irish Airline Pilots Association from using images of its aircraft or fuselage on the association’s website pending the outcome of a full action.

The airline had alleged that the use of such images suggests Ryanair recognises the association as a representative body or trade union when it does not.

In its proceedings, Ryanair had sought an interlocutory injunction restraining the association using any images containing Ryanair trademarks on the association website, on business papers or on advertising anywhere in the EU pending the outcomeof its full action over the matter.

The airline also wanted orders restraining the association allegedly passing off some link with Ryanair.

The association, a branch of the trade union Impact, contended that it used the images to show how many of its members work for Ryanair.

The pilots association denied that the use of the images suggests the association has been recognised by or is connected in any way with Ryanair and also rejected the claim that the airline’s business reputation has been damaged.

In his judgment yesterday, Mr Justice Roderick Murphy said the court had to consider whether the use of the trademark was an attempt to gain an unfair advantage.

He said common sense would seem to suggest that the primary purpose of the reproduction of the trademark was to identify the employers of the association’s members and not to take unfair advantage of Ryanair’s trademark.

Mr Justice Murphy said that it seemed that previous uses of the trademark by the association in 2006 and 2010 were not withdrawn unreservedly on each occasion.

Accordingly, Mr Justice Murphy said that the court found the association did not on each occasion agree to discontinue what it regarded as a lawful indirect use of the applicant’s trademark.

He said the court would refuse the application sought by Ryanair.