By Ann O’Loughlin
The Government approved body tasked with running the national tyre recycling scheme has launched High Court proceedings against a tyre collection firm it claims is misleading customers and others in the tyre business.
Repak ELT (End of Life Tyres) has brought proceedings against Daniel McHugh trading as Delvin Tyres in Co Westmeath which it claims has held itself out to be an authorised tyre collector registered with Repak ELT.
The defendant has also allegedly advertised its services using Repak ELT’s logo and says it is compliant with all of Repak ELT regulations, which Repak ELT says it is not entitled to do.
Repak ELT, represented by Stephen Dowling Bl, fears the defendant’s actions will "irreparably damage" and "significantly undermine" its reputation as the approved body of the tyre recycling compliance scheme which it is charged with overseeing.
Repak ELT seeks injunctions including ones restraining the defendant from displaying its logo, passing off his business as being endorsed or approved by or associated with Repak ELT, and from infringing its copyright.
It also seeks orders preventing the defendant from engaging in any misleading marketing campaign and that the defendant cancel the domain name wwwreparkelt.com which he has allegedly registered.
Repak ELT, which operates a scheme that has brought sweeping changes to the tyre industry, further seeks damages from the defendant.
At the High Court today Mr Justice Tony O Connor granted Repak Elt permission to serve notice of the injunction proceedings on Delvin Tyres.
Permission was granted on an ex parte basis and the matter was adjourned to a date next week.
Seeking the orders Repak Elt, which is a sister firm of Repak, claims the defendant had applied to be a registered member of Repak ELT, but was refused.
Mr Dowling said while the defendant was entitled to reapply, it has continued to collect tyres which it is not entitled to do.
The defendant then allegedly used Repak ELTs logo and logs which are very similar, counsel said..
Counsel said the defendant has registered the domain name repakelt.com which it fears will cause confusion.
The defendant also set up a Facebook page which was designed to be suggestive of a tyre recycling organisation. The page, Counsel said has been taken down.
As a result Counsel said Repak had no choice other than to come to court and seek orders against the defendants.