An overseas group, which plans to publish a free newspaper for Dubliners "within the next few days", is attempting to block Independent Newspapers from using the word "Metro" in the title of a competitive publication.
Metro International SA was permitted by the High Court yesterday to give Independent News & Media plc short notice of its attempt tomorrow to obtain an injunction restraining the use of the word "Metro" in any title.
Jonathan Newman, counsel for Metro International and two other companies, said Independent News & Media planned to publish its own free newspaper to challenge the new publication, which will be called Metro. He said Independent News & Media planned to use "Metro" in its title.
Mr Justice Eamon de Valera was told that Fortune Green - one of the companies making yesterday's application - was a joint venture company which included Associated Newspapers, publisher of the Daily Mail.
Mr Newman said Metro International was a group of companies which included Fortune Green and another called Tidnings AB Metro which, he said, owned "Metro" as a registered trademark in Ireland.
He said the joint venture company Tidnings AB Metro was launching a free newspaper called Metro in Dublin within the next few days, and believed Independent News & Media would launch a free newspaper with "Metro" in the title very shortly.
"My clients believe it will cause very substantial confusion in the market place," he said.
Mr Newman told the court that in an article in the Sunday Times earlier this month, an executive of Independent News & Media had said it was their intention to launch a free newspaper as a response to Metro.
In the interview he had said the name might include the word "Metro" in the title. As a result, Tidnings AB Metro had sought an undertaking that "Metro" would not be used in Independent News & Media's freesheet.
Mr Newman said Independent News & Media had indicated they would not give such an undertaking, but would "differentiate" the title of their newspaper.
Independent News & Media had also asked that any application to the High Court should be on full notice to them. Mr Newman said the launch of Metro had involved complex negotiations which only had been completed in the previous 24 hours.
Independent News & Media had claimed it used the word "Metro" on inside pages of the Evening Herald, but Mr Newman said that this did not give them the right to publish a newspaper with the word in the title.
He said Independent News & Media had indicated it had applied for trademark incorporating the word "Metro".
Mr de Valera allowed the Metro group to serve Independent News short notice of its intention to seek court restraints.
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