THE Sunday Business Post is try to stop a new British newspaper from being sold in the State or Northern Ireland. It claims the new publication, called Sunday Business, resembles it unduly, the High Court was told yesterday.
The British newspaper is to be launched next Sunday.
The Sunday Business Post, trading as Post Publications Ltd, Merchants House, Merchants Quay, Dublin, is seeking an injunction against Sunday Business Ltd, Business Newspapers (UK) Ltd and Business Newspapers (Holdings) Ltd of Cavendish Square, London.
It is seeking to restrain the British concern from selling, or offering for sale in the State or Northem Ireland, a newspaper entitled Sunday Business, or any other Sunday newspaper aimed at a predominantly business-interested readership which unduly resembles the Sunday Business Post.
Yesterday, Mr David Barniville, counsel for the British newspaper, said he was prepared to give an undertaking not to sell the paper in the Republic, on an interlocutory basis, until the hearing of the action. They were contending, however, that the court in this State had no jurisdiction to make orders relating to Northern Ireland.
Dr Michael Forde SC, for the Sunday Business Post, said that the courts in the State had jurisdiction under the Brussels Convention.
He said that in an affidavit, Ms Barbara Nugent, chief executive of Post Publications Ltd, stated the Sunday Business Post had a readership of about 5,000 in Northem Ireland and there were plans to increase sales in this market. The paper was distributed to about 800 outlets there.
Many purchasers or potential purchasers of the Sunday Business Post either lived in the State and often bought the paper in Northern Ireland or vice-versa. Quite a number of sales made in Derry were to people who went there from Co Donegal on weekends. Similarly, quite a number of the sales in Newry were to persons who went there from the Co Louth area and thereabouts.
Many purchasers and potential buyers frequently travelled from Belfast to Dublin for sporting events and other social occasions, and while ordinarily purchasing the Sunday Business Post in Belfast, they would not infrequently- buy it in Dublin.
Mr Tom Rubython, promoter of the British publication, said in an affidavit that he believed a court in this State did not have the jurisdiction to grant an injunction relating to Northern Ireland and that any application for such relief should be brought in the North.
He believed that there was no likelihood of confusion between Sunday Business and the Sunday Business Post among retailers, distributors or likely purchasers of both newspapers in Northern Ireland.
Mr Justice McCracken said he would not decide the issue immediately. He wanted to give both sides the opportunity to submit further affidavits. He would deal with the issue tomorrow.