The High Court has decided that an injunction should be directed against Dunnes Stores following its earlier finding that the retailer’s comparative advertisements infringed the trade marks of Aldi Stores (Ireland) Limited and Aldi GmbH and Co KG. The court will hear the parties on the injunction’s exact terms; it did not set those terms in this judgment.
In a judgment delivered on 21 July 2015, Mr Justice Cregan said the plaintiffs were entitled to an injunction under the Community Trade Mark Regulation, Irish trade mark law and the Comparative Advertising Regulations. He found no special reason to withhold it. The court had previously found that Dunnes breached the comparative advertising rules and infringed Aldi’s trade marks in a campaign that ran nationwide from June to August 2013.
The judge said Dunnes intended to use comparative advertising in future, which was lawful provided the advertisements complied with the rules. He rejected the company’s arguments that an injunction would have a chilling or anti-competitive effect, would be against the public interest, would be disproportionate or futile, or would amount to relief based only on Aldi’s apprehension of future harm. He also cited Dunnes’ refusal to give an undertaking and its failure to respond to Aldi’s complaints as factors supporting an injunction.
The judgment did not prohibit comparative advertising generally. It said the order should restrain future unlawful comparative advertising and trade mark infringement. The precise wording remains for a further hearing.
The court also addressed the damages stage of the case. Dunnes had said it intended to appeal the earlier liability decision and argued that a damages trial should wait, to avoid wasting court time and costs if the appeal succeeded. The plaintiffs opposed a complete pause, saying it could significantly delay resolution.
Mr Justice Cregan declined to stay the damages module in full. The parties may continue preparations, including exchanging damages particulars, witness statements and any necessary expert reports, and addressing discovery. However, no trial date for damages is to be fixed until the Court of Appeal decides the liability appeal. The judgment does not determine the damages claim or the outcome of that appeal.