O’Brien’s seeks order to stop franchisee using name

THE managing director of a sandwich bar company, who says health officers found cockroaches in the premises of one of its Dublin franchisees, is seeking a High Court order permanently preventing it from operating under the company’s logo.

O’Brien’s Irish Sandwich Bars Ltd wants Mark Smartt, operator of its franchised outlet in St Stephen’s Green Shopping Centre, Dublin, to discontinue the use of the O’Brien trademark and return signs, cards notices and other displays related to it.

The High Court granted a temporary injunction last October restraining Mr Smartt from using the O’Brien’s name and yesterday the court heard the case is to be listed for hearing in the new year.

John Trainor SC, for the company, said they wanted the court to order Mr Smartt’s lawyers to comply fully with an order for discovery of documents that had previously been made.

The signage on the sandwich bar had been removed but it was still trading, Mr Trainor said.

O’Brien’s managing director Fiachra Nagle said in an affidavit that the Stephen’s Green franchise has been trading since June 2003. The franchise agreement requires that the operation should comply with all hygiene and public health regulations.

Mr Smartt has claimed O’Brien’s have no legal basis for restricting trading by him.

Yesterday, Ms Justice Mary Laffoy adjourned the case for mention to December 17.