Value Cabs and Fonacab granted injunction in trademark case

Two Northern Ireland taxi firms have secured an injunction in a joint breach of trademark action.

Lawyers for Value Cabs and Fonacab took the action after the apparent merging of their names to set up a new taxi operation in Belfast.

Lawyers for Value and Fonacab allege a £2.5m payment was demanded after they raised issues.

A High Court judge granted the injunction order on Tuesday.

It restrains Michael Hicks' firm FonaValue and 7 Seater Taxi Ltd from passing itself off as either Value Cabs or Fonacab.

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

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

However, the judge held that the businessman was behind the establishment of FonaValue and 7 Seater Taxi Ltd in January 2020.

Mr Justice McAlinden said: "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 Value Cabs and Fonacab 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 (Michael 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."