IRISH Internet Yellow Pages won its Supreme Court appeal yesterday against a High Court order which prevented it from conducting business under the name or any title in which the words "yellow pages" featured.
The injunction had been granted in the High Court to Golden Pages and ITT World Directories, Waterloo Road, Dublin, against Irish Internet Yellow Pages, Lower Gardiner Street, Dublin.
It restrained the defendant from operating under any name or title using the words "yellow pages" and from operating in a way that suggested a link with Golden Pages.
Yesterday, the Chief Justice, Mr Justice Hamilton, discharged the injunction and allowed the appeal. Mr Justice O'Flaherty and Mr Justice Blayney agreed.
Ms Fidelma Macken SC, for Irish Internet Yellow Pages, gave an undertaking that it would not represent itself in any way as being associated with the Golden Pages company, business or the service it provided.
Earlier, Ms Macken, in making her submission, said it ought not to be restrained from carrying on its business between now and the hearing on October 29th next.
Golden Pages had never used the words "yellow pages" and was seeking to impose a monopoly.
The Chief Justice said "I'm sure Michelle Smith would be very disappointed if her medal was described as yellow instead of gold."
Mr Donal O'Donnell SC, for Golden Pages, said the injunction was a limited one in that it did not require the defendants to change or after the technical setup on the Internet.
He claimed the words "yellow pages" were virtually synonymous with the Golden Pages title.
In his judgment, the Chief Justice said the main bone of contention was the order restraining Irish Internet Yellow Pages from operating under the words "yellow pages" or any similar style or title.
What the court was concerned with was the period between now and the hearing.
It would appear from the affidavits that Golden Pages had submitted a stateable, arguable case to be tried.
However, there was no doubt that the balance of convenience lay in refusing the injunction.
There was a difference between the business being conducted by Golden Pages in producing its directories and that being carried out by Irish Internet Yellow Pages which was on the Internet.
Golden, Pages planned to, extend its business to the Internet but it was clear this would not be ready before December, whereas the defendants were up and running.
The purpose of an injunction was to preserve the status quo.
He was satisfied the High Court judge erred when he ruled the balance of convenience lay in granting the injunction.
The Chief Justice said he hoped the parties could agree on the matter.
They were going to be in the same business, they might work out an agreement and obviate the necessity for a long and expensive trial in the High Court and an appeal in the Supreme Court.