Judge refuses ‘Irish Times’ injunction over rival
The Irish Times Ltd sought various injunctions, pending the outcome of a full hearing, arising from the planned launch of the new digital publication, to be sold as part of a subscription package with the Sunday Times.
Among the injunctions sought were orders restraining Times Newspapers Ltd promoting the digital publication using the words ‘The Times Irish Edition’ or any other title confusingly similar to the Irish Times.
Times Newspapers Ltd, publisher of the Times, denied the use of the words ‘The Times Irish Edition’ runs the risk of creating confusion with the Irish Times or that the plaintiff had any case for infringement of its trademarks. The UK publisher argued “inordinate” delay by the Irish Times in bringing its application disentitled it to the injunctions.
Mr Justice John Hedigan ruled the injunctions should be refused on grounds of delay in seeking them.
The background to the application was “unusual” as the Times has been sold in Ireland since 1785 and the Irish Times since 1859, he said. The Irish Times and the Times, “two distinguished newspapers”, have co-existed peacefully for some 150 years, he noted.
The judge said he was satisfied on the evidence that the Times’ decision to launch an Irish edition was “common knowledge” since September 2014. A number of tweets exhibited by Times Newspapers Ltd, including tweets circulating through the Irish Times, showed those involved in Irish journalism were well aware of the defendants’ intentions. The communities editor of the Irish Times had registered the Twitter accounts @thetimesireland and @timesireland, an action explicable only by a desire to prevent such handles being available to the defendant.
Even without the exhibited tweets, the judge said he would find it difficult to believe the plaintiff was unaware of the intended launch.
He adjourned a decision on liability for costs to tomorrow.
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