A High Court trademark dispute between the owners and operators of rival Chinese restaurants in Dublin has been settled.
Hitianland Limited, which trades as ‘Xi’an Street Food’, had sued IR Entertainment Limited over its intention to open a new restaurant called ‘Meet Xi’an’ in Dublin 7.
As part of the settlement, the new restaurant at the centre of the dispute is to operate under a different name, and will trade as ‘Biang Biang’ at Little Mary Street.
Hitianland, which operates several restaurants in Ireland, alleged that the defendant’s use of ‘Meet Xi’an’ as the proposed name of its new business, due to open shortly, amounted to a breach of the plaintiff’s registered trademark.
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It had also claimed the defendant’s proposed use of a logo with Chinese characters for the new restaurant was similar to ones used by Hitianland in its logo for Xi’an Street Food.
Last month the plaintiff, represented by Imogen McGrath SC and Fiachra Bhreathnach, had sought orders from the court including an injunction restraining the defendant from infringing any of Hitianland’s trademarks or passing off any of Xi’an’s services and products.
It also sought damages against the defendant.
The defendant, represented by Frederick Gilligan BL, had rejected all the plaintiff’s claims and had denied any wrongdoing.
The case was adjourned to allow for out-of-court settlement discussions between the parties.
When the matter returned before Mr Justice Mark Sanfey on Friday, the court was told that the matter had been resolved and the proceedings could be struck out. He struck out the case.
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