The High Court has rejected a bid by the operator of Classic Hits Radio to prevent Bauer Audio Ireland from using the name Greatest Hits Radio in Ireland.
Choice Broadcasting Limited, which operates Classic Hits Radio, brought proceedings after Bauer planned to use Greatest Hits Radio on a DAB+ trial. Choice argued that the name was confusingly similar to Classic Hits Radio and would amount to passing off and trade mark infringement.
Mr Justice Jordan accepted that Choice's station has goodwill and reputation under the names Classic Hits Radio and Ireland's Classic Hits Radio. However, he held that the words "Classic Hits" themselves are descriptive terms which have long been used in broadcasting and had not acquired a distinctive secondary meaning identifying Choice alone.
The court found that some confusion between Classic Hits Radio and Greatest Hits Radio may occur because both names use descriptive language associated with similar music. But that amounted to what the authorities describe as "mere confusion". Choice had not proved that Bauer was making a representation, intentionally or otherwise, that Greatest Hits Radio was connected with Choice.
The court also rejected reliance on AI-generated Google search results as strong evidence of actionable confusion. It said such results are known to be unreliable and must be treated with caution. A consumer survey showing that 67% of respondents thought Greatest Hits Radio was likely to be confused with Classic Hits Radio was evidence of some value, but did not establish the required misrepresentation.
Bauer also counterclaimed against Choice's registered "Classic Hits" trade mark. The court held that the mark should never have been registered because the words were descriptive and devoid of distinctive character. Choice had also failed to prove that later use gave the words sufficient acquired distinctiveness.
Separately, the court held that the mark should be revoked for lack of genuine use in the State. Costs and the precise final order were left for a hearing on 14 October 2026.