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Court grants injunction restraining defendant from infringing the first plaintiff’s copyright

By: Colm Scott Byrne BL

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High Court, in proceedings alleging breach of contract, breach of copyright, unlawful interference with contractual relations, breach of duty and defamation, grants interlocutory injunction restraining the defendant from infringing the plaintiff's copyright in its standard form customer supply agreement, but refuses all other injunctions sought, on the grounds that: (a) the Court was not satisfied that there was a serious issue to be tried in relation to the claims for breach of contract, breach of fiduciary duty and unlawful interference with contractual relations; and (b) the balance of convenience or balance of justice lies against the grant of the interlocutory injunctions sought, save in respect of the infringement of the first applicant’s copyright in its standard industrial Liquified Petroleum Gas supply agreement.

Application for an interlocutory injunction in an action for breach of contract, breach of copyright, unlawful interference with contractual relations, breach of duty and defamation - injunctions - the plaintiff is one of the State’s leading suppliers of liquefied (or liquid) petroleum gas (‘LPG’) in industrial, commercial and domestic market - the defendant is engaged in the sale or distribution of LPG in the North West region of the island - the precise nature of the pre-existing contractual relationship between the parties is in dispute - the plaintiff wrote to the defendant giving 12 months’ notice of its intention to terminate that relationship - the defendant instituted separate proceedings in relation to this which were settled - the plaintiffs seek five separate interlocutory injunctions against the defendants restraining it from: (a) soliciting any customer of the plaintiff's; (b) interfering in the contractual relationship between the plaintiffs and any customer of either of them; (c) infringing the first plaintiff's copyright in its standard form customer supply agreement; (d) breaching any of the terms of the settlement agreement; and (e) suggesting to any person that the plaintiffs intend to cease doing business in County Donegal - whether there is a serious issue to be tried on the applicant’s entitlement to a permanent injunction - whether the balance of convenience favours the grant of interlocutory relief - whether damages would be an adequate and effective remedy - whether the plaintiffs established a strong arguable case - Court refuses all injunctions save in respect of the infringement of the first applicant’s copyright in its standard industrial LPG supply agreement.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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