The High Court has refused Choice Broadcasting Limited’s application to stop Bauer Audio Ireland Limited using the initials “GHR” for its Irish radio service pending trial. Mr Justice Cregan ruled that an earlier interim injunction barring use of the words “Greatest Hits Radio” did not extend to the initials, and that Choice had not shown a fair issue to be tried over passing off or trade mark infringement by use of “GHR”.
The dispute concerns Choice’s Classic Hits Radio and Bauer’s planned Greatest Hits Radio brand. On 20 June 2025, the court granted Choice an interim injunction restraining Bauer from using the brand name “Greatest Hits Radio” on the Fáilte DAB+ multiplex and other delivery platforms in Ireland. The order was to take effect on 23 June. Bauer did not contest continuation of that interim order at the interlocutory stage, but said it intended to use “GHR” pending trial.
Choice argued that the initials were part of Bauer’s logo and fell within the existing order. The judge rejected that interpretation: the order referred to the words “Greatest Hits Radio”, and Choice had not sought an order against the initials at the time. He also found no fair issue to be tried that use of “GHR” alone would pass off Bauer’s service as Choice’s or create a business connection in the public’s mind.
Choice also relied on its registered “Classic Hits” trade mark. The judge concluded that “GHR” was neither identical nor similar to the two-word mark, and that Choice had not established a fair issue to be tried on likelihood of confusion. He further found the balance of justice favoured allowing Bauer to use the initials until trial, given the existing restriction on the full brand name and Bauer’s stated position that it would not tell callers or staff that “GHR” stood for “Greatest Hits Radio”.
The judgment also addressed the undertaking as to damages attached to the injunction. The judge considered evidence that Choice was balance-sheet insolvent and had charged its assets, while noting evidence that it was cashflow solvent. He concluded that, if an injunction covering “GHR” had otherwise been warranted, Choice’s undertaking would need to be fortified by its parent company, Bay Broadcasting Limited. He did not extend the injunction and said the parties could make further submissions about the undertaking relating to the existing interim injunction.
The judgment dealt with no final trial of the passing-off or trade mark claims. It also rejected Bauer’s allegation that Choice had lacked candour over another DAB+ station, Rewind Radio, finding that issue irrelevant to the injunction application.