Irish Times case against London Times ‘may not trouble court’

A legal action by The Irish Times over an alleged proposal by the London Times to use the title “The Times Ireland” in a new online newspaper has been entered into the Commercial Court list.

However, the court heard that following undertakings from the London paper recently in relation to related injunction proceedings, the matter may not now trouble the court.

The Irish Times Ltd says the use by Times Newspapers Ltd of the title amounts to a breach of its trade mark and infringes its copyright.

It has claimed the “potential for confusion” among readers is enormous and constitutes a very serious violation of its copyright.

The new publication is a digital edition of the London Times and was due to be part of a seven-day subscription package with “The Sunday Times.”

Mr Justice Brian McGovern agreed Monday to an application from Jonathan Newman SC, for the Irish Times, to have the case admitted to the fast-track Commercial Court list.

The judge asked whether it was a case which would be suitable for mediation.

Paul Coughlan BL, for Times Newspapers Ltd, said without prejudice to his client’s position, it was their case that these entire proceedings were slightly premature. It remained his side’s position “that this may be a matter which does not trouble the court”.

Last month, the High Court struck out intended injuction proceedings by the Irish Times on the basis of undertakings from the UK publisher not to use The Times Ireland title for the on-line paper.

It also agreed not to use the domain names thetimesireland.ie, timesireland.ie, or the description The Times Ireland on Twitter accounts, pending the trial of the proceedings or an order of the court.