The High Court case against Daniel McHugh, or Delvin Tyres, Co Westmeath, has been initiated by Repak ELT in Ireland.

The organization endorsed by the officials and which runs the state tire recycling program has started a trial against a tire collection company, which used deceptive operational and promotional strategies.

According to Stephen Dowling BL, Repak ELT’s representative, the company is now anxious that McHugh’s business can severely harm Repak’s reputation.

On January 16, the complainant was given permission to officially notify about the interdict on Delvin Tyres by Mr Justice Tony O’Connor, which concentrated exclusively on the interest of Repak ELT.

The recycling company accuses McHugh of the illegal use of Repak ELT’s brand marks together with his false claims that he functions as an official tire collector, regulated by Repak ELT and following its guidelines.

Repak ELT believes that the accused has infringed the organization’s copyright. It now wants McHugh to stop promoting his business as the one, which is validated and somehow connected to Repak ELT.

In addition, the company wants to prevent McHugh from using confusing marketing initiatives. Moreover, he is demanded to stop using the domain name reparkelt.com, which is claimed to be registered by McHugh.

Repak Elt, a Repak’s subsidiary, asserts Delvin Tyres had sent an application to register as a member of Repak ELT, which was declined. According to counsel, Mr. Dowling, McHugh had the right to send an application once more, but he has just carried on collecting tires without the right to do that.

After that, it is claimed that the accused started using the original or very similar logos of Repak ELT.

Mr. Dowling also said that the existing domain repakelt.com may be misleading to the public.

In addition, McHugh has created a Facebook page, imitating the tire recycling organization. However, the social media profile no longer exists.

Article Source: The Irish Times