The High Court has rejected an application for an injunction that would have prevented a rival radio station from using the GHR trademark.
Choice Broadcasting Ltd, part of the group that owns Radio Nova and Sunshine 106.8, also operates Classic Hits Radio. Its parent company, Bay Broadcasting Ltd, has used the name “Ireland's Classic Hits Radio” for the past three years.
GHR is a registered trademark of Bauer Audio Ireland Ltd, which is owned by 150-year-old family-owned Bauer, based in Germany and operating eight FM radio stations in Ireland including Today FM, Newstalk, 98FM, Spin 1038, Spin South West, Cork's Red FM, iRadio and Beat.
In addition to GHR, Bauer also controls the Greatest Hits Radio brands, which launched in the UK in 2019. Bauer says they form part of its brands for the more modern Hits Radio Network service.
The GHR network in the UK has a total weekly audience of 7.1 million listeners and includes over 50 local and regional radio stations.
On 20 June, Choice obtained an interim injunction preventing Bauer from using the name “Greatest Hits Radio” on the Failte DAB+ multiplex and other accessible platforms in the Republic of Ireland. Choice argued that the use of the name “Greatest Hits Radio” infringed its rights to the “Classic Hits” trademark.
When the case returned to court a few days later, Bauer said it would not challenge the injunction but would instead seek a speedy resolution.
The company also announced that instead of Greatest Hits Radio, it would use the acronym “GHR” in its radio station announcements and jingles, as well as in logos and advertising, until the trial is resolved.
Choice objected, and a hearing was held to consider extending the ban to include GHR, which was hotly debated by both sides.
On Wednesday, Judge Brian Cregan ruled that the terms of the injunction did not cover the initials “GHR”.
He noted that Choice had failed to present a convincing argument that the use of the abbreviation “GHR” amounted to passing off its brand, or that there was insufficient evidence to support the alleged trademark infringement.
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Even if that were the case, he said, justice would be on the side of denying the motion to extend the injunction to GHR.
The judge also noted that even if he had found in Choice's favour on the grounds of fairness and balance of interests, he would have found that Choice's obligation to pay damages if it lost the case would not have been sufficient in itself.
He said this was in circumstances where the evidence pointed to Choice being “balance sheet insolvent” and all of its assets being encumbered. He therefore concluded that a security interest in damages was required from Choice's parent company.
He added that he would later hear the parties on the issue of the obligation to compensate for the loss.
Sourse: breakingnews.ie
