Taxi Driver Online

Value Cabs and fonaCAB win joint trademark action against rival Belfast taxi company

A businessman allegedly linked to a “shameless” attempt to extort money from two of Belfast’s biggest taxi firms must stop operating a rival service under its current branding, a High Court judge ordered today.

Value Cabs and fonaCAB secured the injunction in a joint breach of trademark action against FonaValue & 7 Seater Taxi Ltd and director Michael Hicks.

Lawyers for the two companies claim a £2.5m payment was demanded after they raised issues about the apparent merging of their names to set up the new taxi operation in Belfast.

In court today, Mr Justice McAlinden granted an order which restrains Mr Hicks’ firm from passing itself off as either Value Cabs or fonaCAB.

The prohibition covers its current name and logo, Facebook page and booking app.

Mr Hicks did not attend court for the hearing, despite steps taken to put him on notice about the proceedings.

But the judge held that the businessman was behind the establishment of FonaValue & 7 Seater Taxi Ltd in January 2020.

Mr Justice McAlinden stated: “It is an utterly shameless and blatant attempt to extort money.

“I have no hesitation in granting the order sought.”

Value Cabs and fonaCAB both sued for trademark infringement and wrongful passing off by the rival taxi service’s misrepresentation.

Counsel for the two plaintiffs, Peter Girvan, argued that the way it was set up and operated represented an attack on their brands and goodwill.

“They are referred to as instruments of fraud, using the company name,” he submitted.

With damages to be assessed at a later stage, the judge also confirmed that heavier, indemnity legal costs will be applied in the case.

“Bearing in mind what I regard as the most reprehensible conduct of the second-named defendant (Mr Hicks), I have no hesitation in making an order in the terms sought,” the judge said.

“A clear message has to be sent out: if people try these stunts they will backfire on them badly.”

Backing the judicial assessment, Mr Girvan added: “One has to call a spade a spade sometimes.”

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IDFIMH

Belfast taxi firm withdraws appeal over 'publicity stunt' branding

https://www.itv.com/news/utv/2022-04-28 ... t-branding

The owner of a Belfast taxi firm has withdrawn his appeal against a court order to stop operating under its current branding.

Michael Hicks' challenge to the injunction secured by Value Cabs and fonaCAB in a joint breach of trademark action ended after it was branded “a publicity stunt”.

The two companies issued proceedings over the apparent merging of their names to set up a new taxi operation.

Their lawyers also claimed a £2.5m payment was demanded when they raised issues about the rival service established in January 2020.

Last month, a High Court judge granted an order restraining Mr Hicks’ firm FonaValue & 7 Seater Taxi Ltd from passing itself off as either Value Cabs or fonaCAB.

The prohibition, issued at a hearing the businessman did not attend, covers its current name and logo, Facebook page and booking app.

At the time, Mr Justice McAlinden held there had been an “utterly shameless and blatant attempt to extort money”.

Days later, Mr Hicks told a newspaper that he intended to fight the injunction.

Insisting that no laws were broken, he described being “shocked and horrified” at the order.

But at the Court of Appeal on Thursday, his newly instructed legal representative acknowledged any attempt to vary or discharge the order should instead go before the judge who made it.

Barrister Chris Sherrard announced: “I have been able to provide advice to my client, and my application on his instructions is to withdraw both appeals.

“The correct forum is recourse to the High Court.”

Value Cabs and fonaCAB both sued for trademark infringement, claiming the new firm represented an attack on their brands and goodwill.

Counsel for the two companies, Peter Girvan, told the court the initially lodged grounds for appeal were “defective and meritless”.

“This appellant had made much of this appeal in the media, and had posted the various court receipts for the appeal online,” Mr Girvan said.

“It seems to us to have been somewhat of a publicity stunt.”

He also suggested there may be issues around a potential alleged contempt of the injunction.

“For example, (Mr Hicks) was ordered to change the company name within seven days, and he hasn’t,” the barrister claimed.

“It’s important given that this appellant used the appeal as a platform to gain publicity, that we say our position publicly.”

Lady Chief Justice Dame Siobhan Keegan agreed that the proper legal route involves going back to the High Court.

“It is right that this appeal is defective and was not going to be sustainable,” she said.

“I will accede to the application (to withdraw) the appeal.”

Declining to make any determination on allegations it had been motivated by publicity, Dame Siobhan added: “They may resurface when this case returns, if it does return, to the first instance judge.”

what companies passing themselves off as rivals never happens in this trade

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

I must admit if ever I was going to take liberties in the taxi/PH trade it wouldn't be in Northern Ireland.

Not on your Nelly.

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IDFIMH