The High Court refused TeamDrive Systems GmbH’s application for an interim injunction against Google Ireland Limited and Google Commerce Limited, but gave the company liberty to renew its application after related proceedings in Hamburg concluded or if it considered that challenge unduly delayed.
The application concerned the plaintiff’s EU trade mark “TeamDrive”, registered for computer hardware and software and data transmission via computer networks. The company sought an order restraining the defendants from infringing the mark. Google argued that “Team Drive” described a Google Drive feature for shared cloud storage and was permissible descriptive use. The plaintiff disputed that position.
In an ex tempore judgment delivered on 5 May 2017, Mr Justice Tony O’Connor said there was at least one substantive issue to be tried, including whether Google’s use of “Team Drive” or “Team Drives” infringed the mark and whether the defendants could have the registration set aside. He made no finding on disputed facts, noting that the application relied on affidavit evidence, including hearsay, and that the issues could be examined at a plenary hearing.
The court also declined to determine whether the plaintiff had established that damages would be inadequate, referring to the parallel German proceedings. It found, for the purposes of the application, that damages would not be an adequate remedy for either side. The judge said the plaintiff could not at that stage be excused from providing a meaningful undertaking as to damages, but could return with a more meaningful undertaking.
A Hamburg court had granted an ex parte order on 27 January 2017 prohibiting use of “Team Drives” in Germany for cloud storage. Google said it intended to challenge that order. The Irish court directed the parties to conclude the German interim proceedings before the plaintiff sought further interim relief here, while allowing the plaintiff to return if it contended there had been undue delay in the challenge. The court also said directions would be given for an early trial of the Irish proceedings.
The formal order, made on 9 May 2017, refused the injunction and allowed the plaintiff to renew its application on those terms. The proceedings were later struck out by consent on 1 December 2017, on agreed terms and with no order as to costs.