Wednesday, 9 March 2011
In "'Mail' sued over 'Tribune' cover" the Irish Times reports that the Irish Mail on Sunday is being sued for passing off over its alleged “brazen and outrageous” publication last month of a fake copy of the Sunday Tribune, only days after the latter went into receivership. Lawyers for the receiver say the newspaper is to seek damages, including “exemplary damages” over this “direct attack” on the goodwill of the Sunday Tribune.
The Irish Mail on Sunday however described the Sunday Tribune as “a dead man walking, if it was even walking” at the time of the disputed publication in early February, claiming that the goodwill of the Sunday Tribune was not even worth the €40,000 cost of the libel insurance which would have been necessary to publish it.
Mr Justice Peter Kelly has said that he would transfer the proceedings to the Commercial Court since the action was admissible within the rules relating to passing off cases, there no longer being a monetary threshold for passing off actions. The trial has been listed for 21 March.
The IPKat, aided by legions of amicable Irish IP enthusiasts, of which Gemma O'Farrell is not the least to be reckoned with, suspects that he will have more to report to readers of this weblog in due course.
Irish origami, or what to do with your newspaper when it folds, here