Publishers bid to stop use of 'Metro' title by Independent
The publishers of a new giveaway newspaper will not go ahead with the launch unless they get an injunction preventing Independent News and Media from using the word ``metro'' in the title of its planned rival freesheet, the High Court was told today.
The publishers of the new ``Metro'' freesheet are seeking an interim injunction to prevent the use of the word ``metro'' in the title of a rival freesheet planned by Independent News and Media. The court was told on Monday that the new ``Metro'' is to be launched this week.
But today Mr Anthony Aston SC, for the plainitffs Metro International, Tidnings AB Metro and Fortunegreen Ltd., said:``There is no question of the plaintiffs launching without the benefit of an injunction. There is no reality to proceeding with the launch without the injunction.''
Mr Aston said that the plaintiffs were not seeking to stop Independent News and Media from using the word ``metro'' in any shape or form only to prevent the use of the word as part of the title of a free newspaper.
Mr Aston said the use of the title ``Herald metro'' for the free newspaper planned by Independent News and Media would lead to confusion among the public and advertisers. He said that the ``Metro'' was a trademark registered to the plaintiffs for 57 papers in 81 cities across 18 countries.
"There is very substantial goodwill abroad in relation to the use of the word metro,'' he added.
He said that Independent News and Media were aware since last April that it was proposed to launch a freesheet titled ``Metro'' but had taken no legal steps to stop this. He said the decision to use the word in the title of their proposed free newspaper was solely as "a spoiler" for the plaintiff's proposed launch.
He said there was no question of Independent News and Media launching their freesheet until the plaintiffs launched theirs and this had been made clear. He said that the defendants (Independent News and Media) had made no case that the success of any publication they might launch was
dependent on the use of the word ``metro''.
"They have very clearly threatened that if we move, they will move, if we publish, they will publish," he added.
Mr Brian O' Moore SC , for Independent News and Media, said that there was no likelihood of confusion arising because the trademark registered by the plaintiffs was "a stylised mark with a globe and the word Metro around it".
He said that the Herald title was "one of the longest standing trademarks in this country". It had 314,000 readers of whom 294,000 were based in the greater Dublin metropolitan area. Mr O' Moore said that the Herald title was the dominant part of the "Herald Metro" title.
Mr O' Moore said that his clients wanted an early hearing of the action and he was sure that the plaintiffs will lose the action.
"We won't launch unless they do. That's our commercial position prior to the hearing of the action," he added.
Submissions before Mr Justice Frank Clarke will continue tomorrow.
