An attempt by the publishers of Food and Wine magazine to block tomorrow's publication of an Irish Independent food and wine supplement failed in the High Court yesterday.
Jim O'Callaghan, counsel for Harmonia Ltd, which publishes the monthly magazine, told Mr Justice Paul Butler the Independent's publication would cause the public some confusion and breach Harmonia's registered Food and Wine trade mark.
Brian O'Moore SC, for Independent Newspapers (Ireland), said there could be no possible confusion. Food and Wine magazine was a glossy off-the-shelf standalone publication compared with a newspaper insert magazine printed on newsprint paper.
The judge said there was a fair issue to be tried between the parties and returned the matter for trial in the new law term beginning next Monday. He said damages were an adequate remedy and declined to grant Harmonia injunctions restraining tomorrow's publication.
He said the Independent had already invested €100,000 in tomorrow's launch and the balance of justice lay in its favour.