A High Court judge will rule on Friday on a legal bid to prevent the Evening Herald from using the word "metro" in the title of a giveaway newspaper planned to rival a new freesheet due to be launched shortly.
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 in the event of the launch of "Metro".
Mr Justice Frank Clarke will rule on the application on Friday after he heard submissions from lawyers for both parties over two days.
Mr Anthony Aston SC, for the plainitffs Metro International, Tidnings AB Metro and Fortunegreen Ltd., said today that he wanted to clarify the position of his clients regarding the decision to launch the new freesheet.
He said that his clients have not ruled out publishing in the absence of the court injunction restraining Independent News and Media from using the word "metro" in the proposed "Herald Metro" freesheet.
"The possibility of a launch in the absence of an injunction has not been ruled out. My clients will have to consider their position," he said.
Mr Brian O'Moore SC , for Independent News and Media, said that the word "metro" has been used by the Evening Herald, the Irish Independent and the Sunday World for some time. He said that the
plaintiffs have been planning to launch their freesheet since last April and were also aware of Independent News and Media's intention to use the word "metro" in some part of their brands.
Mr O'Moore said that an early trial to decide the issue of the infringement of trademark could be held quite soon.
"What would delay the hearing of the issue is difficult to imagine," he added.
Mr Justice Frank Clarke said that he had legal issues to consider and would give his judgement on Friday, but irrespective of the result there should be a speedy trial of the action.