A High Court judge has put on hold a German software company action against Internet giant Google over an alleged trademark infringement until parallel proceedings before the German courts have been determined, writes Ann O'Loughlin.
As part of their proceedings TeamDrive Systems GMBH, which makes secure cloud based file sharing software for businesses and personal use, had sought an injunction from the Irish Court preventing Google Ireland Ltd and Google Commerce Ltd from infringing what it says is its 'TeamDrive' trademark.
The injunction, which Google has opposed, was to be put in place pending the outcome of the full hearing of the dispute.
TeamDrive claims Google's use of a software product which it has called 'Team Drives' infringes the Germany firm's European Registered trademark, which was obtained in 2006.
Google denies the infringement, and claims the action against it by the German form it is misconceived. It has also opposed the injunction application on grounds including that such an order would damage its business.
After hearing four days of evidence and legal submissions from the parties Mr Justice Tony O'Connor on Friday evening ruled that parallel proceedings brought before the German courts, where the company also seeks similar reliefs against Google, should be determined first before the case continues before the Irish courts.
Those parallel German proceedings seeking an injunction were initiated before the Irish action was commenced, the Judge said.
The judge said he accepted that while his order was an unusual step it would ultimately save the parties both time and expense.
The Judge also noted that both sides agree that the hearing of the full dispute should take place as soon as possible adjourned the case to next week for mention only.