GOLDEN Pages Ltd was granted a High Court injunction yesterday restraining Irish Internet Yellow Pages Ltd from carrying on business under that name or any title in which the words "yellow pages" form a part.

The President of the High Court, Mr Justice Costello, said he would grant the injunction until the hearing of the action which he would fix for Tuesday, October 29th.

The injunction also restrains the defendant from carry on business in any way as to lead to the belief that it is in any way connected with Golden Pages.

The motion was taken by Golden Pages Ltd and ITT World Directories Inc, Waterloo Road, Dublin, against Irish Internet Yellow Pages Ltd, Lower Gardiner Street, Dublin.

Mr Donal O'Donnell, SC, for Golden Pages, said it was a passing-off action. He said his clients were two companies which had published the Golden Pages classified telephone directory since 1969. Since that time, the name "yellow pages" had been distinctive of his client's name and business.

A market survey had concluded that Golden Pages and "yellow pages" were virtually synonymous in the public mind. The company received phone calls and letters and had cheques arriving addressed to "yellow pages". The use of the name "yellow pages" by anyone else would indicate confusion.

In 1974, the name "yellow pages" was registered as a business name by ITT World Directories Inc. In November 1995, Golden Pages established a presence on the Internet on a Home Page.

The defendant was incorporated in February 1996 and last April became available on the Internet on Net Call Interactive. If this was called up, there would then be a reference to "yellow pages" with 1,000 entries. This led immediately to confusion, Mr O'Donnell claimed.

Ms Fidelma Macken, SC, for Irish Internet, said that she would give an undertaking that her client would not make any representations which might indicate that the company was connected with Golden Pages.

Golden Pages had adduced no evidence from any customers that they were misled. The plaintiffs said they had established a company called Yellow Pages Ltd in 1979 but it had never traded. From 1969 to date, its entire printing, ads and references were to Golden Pages, never "yellow pages".

Golden Pages had traded exclusively under that name and sold the product under the Golden Pages classified directory. She did not accept there was an exclusive reputation for the plaintiffs in the words "yellow pages".