O'Riain & Anor v Trade Marks Act 1996 & Anor (Approved) [2021] IEHC 278 (23 April 2021)

O'Riain & Anor v Trade Marks Act 1996 & Anor (Approved) [2021] IEHC 278 (23 April 2021)

Savanagh, as a party to proceedings commenced by special summons, is entitled to serve notice to cross-examine the applicants' deponent, and the applicants have not discharged the onus of proof to show that cross-examination ought not to be permitted.

Source-derived case information.

Citation
[2021] IEHC 278
Parties
Applicant: Tomás Ó Riain; Applicant: Seosamh Ó Baoill; First Notice Party: Controller of Patents Designs and Trade Marks; Second Notice Party: Savanagh Securities Limited
Jurisdiction
Ireland
Judgment Date
23 April 2021
Procedural Posture
Special Summons / Interlocutory Motion Regarding Cross Examination
Outcome
Motion granted
Legal Topics
Trade Mark Rectification, Cross Examination Rights, Legal Capacity of Unincorporated Associations
Intellectual Property Civil Procedure Trade Mark Rectification Cross Examination Rights Legal Capacity of Unincorporated Associations

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Parties

Tomás Ó Riain

Applicant

Seosamh Ó Baoill

Applicant

Controller of Patents Designs and Trade Marks

First Notice Party

Savanagh Securities Limited

Second Notice Party

Procedural Posture

Special Summons / Interlocutory Motion Regarding Cross Examination

Legal Issues

  1. 1 Whether Savanagh Securities Limited is entitled to cross-examine Seosamh Ó Baoill on his affidavit in special summons proceedings
  2. 2 Whether the applicants have established grounds to prevent cross-examination as an abuse of process

Ratio Decidendi

Savanagh, as a party to proceedings commenced by special summons, is entitled to serve notice to cross-examine the applicants' deponent, and the applicants have not discharged the onus of proof to show that cross-examination ought not to be permitted.

Court Disposition

Motion granted

Orders

  • Declaration that Savanagh Securities Limited is entitled to serve notice for production of Seosamh Ó Baoill for cross-examination on his affidavit filed 10 May 2019.
  • Declaration that applicants have failed to establish grounds to prevent cross-examination.