UK High Court Judge Rules Against Express In Tabloid Name Wrangle

by Robin Pilgrim, LawAndTax-News.com, London

16 June 2003

Associated Newspapers on Wednesday won its court battle to ensure that the proposed new free title from the Express Newspapers stable cannot be called the Evening Mail.

Ruling in the High Court, Mr Justice Laddie announced that there was a risk that the new evening newspaper could be confused with the Daily Mail and the Mail on Sunday - two of Associated's leading publications - especially since Express owner, Richard Desmond plans to launch his new 'freesheet' in the south-east, which accounts for more than 40% of Daily Mail sales.

'Both parties express strong political and other views through their newspapers,' the High Court judge observed, according to the Guardian, continuing: 'I do not think it is fanciful to suggest that a strident campaign run by the Evening Mail which might upset a part of the public could result in customers or advertisers boycotting [Associated's] title.'

Upholding the claim of 'passing off' brought by Associated Newspapers against the Express, Mr Justice Laddie concluded:

'Furthermore the newspapers in the defendant's stable include adverts for adult chat-lines and massage parlours...I was told that that sort of advertising would not be accepted for inclusion in either of the claimant's Mail newspapers, and there was no wish to be associated with such material.'

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