The High Court yesterday refused to grant an interlocutory injunction to prevent Limerick's new radio service, operated by Treaty Radio Ltd, from carrying on specific advertising services.
The President of the High Court, Mr Justice Costello, rejected the interlocutory application brought by Radio Limerick One Ltd against Treaty Radio.
Last week, Radio Limerick secured a temporary restraining order against Treaty Radio preventing it from carrying on advertising services in the style of 95 FM Limerick or 95 FM Radio Limerick, or any other similar title likely to cause confusion or deception or lead to advertising services being passed off as those provided by Radio Limerick.
Delivering his reserved judgment yesterday, the judge said Radio Limerick had secured a licence in 1989 to broadcast on the 95 FM band. This licence was terminated in February 1996 because there appeared to be persistent breaches of contract. The termination was challenged unsuccessfully in the courts. He said Radio Limerick at present had a licence from the British Broadcasting Authority to broadcast on Astra satellite and was using three different call signs, Limerick 95 FM, Limerick 95 and Radio Limerick. He said Treaty Radio Ltd had a contract from the Independent Radio and Television Commission to broadcast on 95 FM band in the Limerick area and was using the title 95 FM and 95 FM Radio Limerick.
Mr Justice Costello, refusing the injunction, said Radio Limerick had not raised a serious issue to be tried in relation to the claim that Treaty Radio was "passing off" its services as similar to those of Radio Limerick's.