Goffs secure temporary injunction to take down fake and misleading social media accounts in trademark case

Goffs has secured a temporary High Court injunction directing an individual to take down several fake and misleading social media accounts it claims are deliberately aimed at damaging the bloodstock sales group.

Goffs claims the fake Twitter, Instagram, LinkedIn and Facebook accounts and websites purporting to be an online bloodstock house were set up by James Carney and infringe the group's registered trademarks.

The accounts include the twitter handle @Goffs_1866.ie, Goffs1866.ie on Facebook, and websites www.goofs1866.ie which they claim are similar to their own social media accounts.

Goffs claim that the fake sites are causing confusion with customers, the industry and the public.

Goffs previously brought and settled defamatory proceedings against Mr Carney, who it says has a longstanding and entirely misplaced grievance against the group regarding the sale of a horse in 2011.

Mr Carney's latest actions, Goffs claims, amounts to a malicious attempt to undermine the bloodstock sales business and cause them economic loss.

Goffs wrote to Mr Carney seeking to have the sites taken down, but he has told them in correspondence that he has no intention of stopping using the accounts, and rejects claims that he is doing anything unlawful.

He has also informed them that he has registered the business name "Goffs 1866 Online Auction House".

As a result, Robert J Goff & Co, Goffs Bloodstock Sales Ltd and Goffs UK Ltd have sued Mr Carney, with an address at Main Street, Arklow, Co. Wicklow.

Goffs, represented in court by Rossa Fanning SC with Gary Compton Bl, told the High Court today that his clients brought defamation proceedings against Mr Carney earlier this year, which were resolved.

Counsel said in July Mr Carney apologised to Goffs for making "defamatory posts" on social media about the company arising out of the sale of a horse called Sensational Sema in 2011, which he had an interest in.

Mr Carney accepted that the posts he made were without any basis, and he undertook not to repeat such conduct in the future, and withdrew complaints he made about Goffs to bodies including the British Horseracing Authority.

Counsel said that in what were separate proceedings Goffs had claimed Mr Carney had defamed it in posts on various social media platforms and indirect representations he has allegedly made to various bodies.

Goffs said the allegations made by Mr Carney were untrue, defamatory and damaging to its reputation.

As part of the settlement of that action, Mr Carney took down and deleted all posts he made on social media concerning the plaintiffs and the horse Sensational Sema where any wrongdoing is alleged.

Counsel said that Mr Carney's latest actions show that he has resumed his campaign of intimidation against Goffs.

The accounts are causing so much confusion, and are so similar to their own social media accounts, Goff's Group Chief Executive Henry Beeby thought they had been devised by Goffs' marketing department.

The use of the year 1866 in the fake accounts was significant as that was the year Goffs commenced trading, counsel said, adding that Goffs is currently developing its own on-line bloodstock auction platform.

Counsel said that Mr Carney does not have the required licence, nor the qualifications necessary to obtain such a licence, that would allow him to operate as an auction house.

Counsel added that the timing of Mr Carney's latest actions was not random. This time of year coincides with its highest profile sales of the year when it welcomes buyers from all over the world, which in 2018 included the ruler of Dubai Sheikh Mohammed.

At the High Court today Ms Justice Bronagh O'Hanlon said she was satisfied to grant the injunctions on an ex parte basis, given the serious issues that were put before the court.

The injunctions require Mr Carney to permanently delete and remove websites and social media accounts controlled by him that link him to Goffs.

He is also restrained from creating any further websites or social media accounts which suggest an association or a connection with Goffs, registering a business name or incorporating a company bearing the name "Goffs".

He is further restrained from infringing any or passing off any of Goffs' registered trademarks.

After granting Goffs the injunctions the judge adjourned the proceedings to a date later this month.