Discovery Communications Inc v Discovery FM Ltd [1999] ScotCS 200 (26 August 1999)

Discovery Communications Inc v Discovery FM Ltd [1999] ScotCS 200 (26 August 1999)

The balance of convenience did not favour granting interim interdict because the pursuers' prima facie case was relatively weak, given the local association of 'Discovery' with Dundee, the lack of established use of the marks in radio broadcasting by the pursuers, the imminence and preparations for the defenders' launch, and the limited risk of irreparable harm to the pursuers' global plans.

Citation
[1999] ScotCS 200
Parties
Pursuer: Discovery Communications Inc.; Defender: Discovery FM Limited
Jurisdiction
Scotland
Judgment Date
26 August 1999
Procedural Posture
Interim Interdict Application in Trademark Infringement Action / Hearing on Motion for Interim Interdict
Outcome
Interim interdict refused
Legal Topics
Trademark Infringement, Interim Interdict, Likelihood of Confusion, Balance of Convenience
Intellectual Property Civil Procedure Trademark Infringement Interim Interdict Likelihood of Confusion Balance of Convenience

Case Brief

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Parties

Discovery Communications Inc.

Pursuer

Discovery FM Limited

Defender

Procedural Posture

Interim Interdict Application in Trademark Infringement Action / Hearing on Motion for Interim Interdict

Legal Issues

  1. 1 Whether the defenders' use of 'Discovery 102' for a local radio station would infringe the pursuers' registered trademarks under section 10(2) of the Trade Marks Act 1994 and Article 9.1(b) of Council Regulation (EC) No. 40/94.
  2. 2 Whether the balance of convenience favours granting interim interdict to restrain the defenders' use of the name.

Ratio Decidendi

The balance of convenience did not favour granting interim interdict because the pursuers' prima facie case was relatively weak, given the local association of 'Discovery' with Dundee, the lack of established use of the marks in radio broadcasting by the pursuers, the imminence and preparations for the defenders' launch, and the limited risk of irreparable harm to the pursuers' global plans.

Court Disposition

Interim interdict refused

Orders

  • Motion for interim interdict refused