'Metro' may hold off on launch

The publishers of a new giveaway newspaper will not go ahead with the launch unless they get an injunction preventing Independent News & Media from using the word "metro" in the title of its planned rival freesheet, the High Court was told yesterday.

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 & Media.

The court was told on Monday that the new Metro is to be launched this week. However, yesterday, Anthony Aston SC, for the plaintiffs - Metro International, Tidnings AB Metro and Fortunegreen Ltd - said there was no question of his clients launching "without the benefit of an injunction".

"There is no reality to proceeding with the launch without the injunction," he said. His clients were not seeking to stop Independent News & Media from using the word "metro", but wished 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. "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 said.

Independent News & Media was aware since last April that it was proposed to launch a freesheet titled Metro, but had taken no legal steps to stop this, counsel said. 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 argued. Mr Aston said there was no question of Independent News & Media launching their freesheet until the plaintiffs launched theirs and that this had been made clear.

Brian O'Moore SC , for Independent News & Media, said 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."

The hearing continues today before Mr Justice Frank Clarke.