Legal action initiated against tyre recycling firm
Repak ELT has brought High Court case against Daniel McHugh, trading as Delvin Tyres
Mr Dowling BL, for Repak ELT, said the defendant has continued to collect tyres which it is not entitled to do. Photograph: Alan Betson
The Government approved body operating the national tyre recycling scheme has taken proceedings against a tyre collection firm on grounds alleging it is misleading customers and others in the tyre business.
Repak ELT claims the defendant has held himself out as an authorised tyre collector registered with Repak ELT, has advertised its services using Repak ELT’s logo and has said it is compliant with all of Repak ELT regulations when it was not entitled to do so.
Stephen Dowling BL, for Repak ELT, said it fears the defendant’s actions will “irreparably damage” and “significantly undermine” its reputation as the approved body overseeing the tyre recycling compliance scheme.
It wants injunctions including restraining the defendant displaying passing off his business as being endorsed or approved by or associated with Repak ELT, and from infringing its copyright.
It also seeks orders preventing the defendant engaging in any misleading marketing campaign and requiring he cancel the domain name wwwreparkelt.com which he has allegedly registered.
On Tuesday, Mr Justice Tony O Connor granted Repak Elt permission to serve notice of the injunction proceedings on Delvin Tyres. Permission was granted on an ex parte, one side ony represented, basis and the matter was adjourned to next week.
In its action, Repak Elt, a sister firm of Repak, claims the defendant had applied to be a registered member of Repak ELT, but was refused. Mr Dowling said while the defendant was entitled to reapply, it has continued to collect tyres which it is not entitled to do. The defendant then allegedly used Repak ELTs logo and logos which are very similar, counsel said.
Counsel said the defendant have registered the domain name repakelt.com which it fears will cause confusion.
The defendant had also set up a Facebook page which was designed to be suggestive of a tyre recycling organisation but that has been taken down, he added.