The Irish Times v The Times Ireland. Trademark infringement?

Rupert Murdoch’s UK company is to planning on launching on online product called The Times Ireland. The Irish Times is unhappy about this and has brought a legal action against Times Newspapers over their intentions.

The Irish Times says the use of the title, which it claims is due to be launched very soon and is a breach of its trade mark and therefore infringes its copyright.

You can view the Irish Times trademark here: https://www.ipo.gov.uk/tmcase/Results/4/EU000554188

You can view the all ready registered The Times Ireland (Murdoch) here https://www.ipo.gov.uk/tmcase/Results/4/EU013236518

So it does beg the question why did the owners of the Irish Times not oppose The Times Ireland’s trademark application!
Taken from today’s Guardian: Senior Counsel Jonathan Newman told the Dublin high court that the Irish Times had instituted proceedings because the “potential for confusion is enormous”. The proposed use of the name The Times Ireland was, he said, “a very serious violation” of its copyright.

It seems to us here at The Trademarkroom that customers would be confused by the two products- very similar name, identical goods and services.
The Irish Times wants to prevent Times Newspapers from using the domain names www.thetimesireland.ie, www.timesireland.ie, and also from using the description The Times Ireland on Twitter accounts, using the T logo on its Twitter account, or any other logo confusingly similar to the IT logo.
According to the Guardian Newman said the Irish Times only became aware over the last week, following posts on social media, that the proposed publication by the defendants would be called The Times Ireland. He claimed the use of the name will cause the Irish Times, whose own online publication has six million views per month, “enormous problems”.

He said undertakings had been sought from the defendants not to use those titles and that no such undertakings have been given.
Newman said lawyers acting for Times Newspapers said, by correspondence, that there was no basis for asking the high court to impose the injunctions it was seeking.

Mr Justice Paul Gilligan will hear the case later this month.

jane@trademarkroom.com
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