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Names row hots up
Page 24
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I Coldstream Distribution survived its first High Court battle with Norwich-based Coldstream Ice Cream (Frozen Foods) last week, after the Norwich firm tried to stop Coldstream Distribution from using its trade name (CM 1622 November 1989).
The row over names broke out last November when Express Foods merged its two transport divisions under the banner of Coldstream Distribution. Since then, Coldstream Ice Cream (Frozen Foods) has been demanding that Express Foods change the firm's distribution identity which it claims is damaging its transport business.
Last week Coldstream Ice Cream (Frozen Foods) applied to have an interlocutory injunction imposed on Express Foods which would have forced it to withdraw its Coldstream trading name in the Suffolk and Norfolk areas before the full hearing. This move was unsuccessful, the High Court judge refused to issue an injunction.
Coldstream Ice Cream (Frozen Foods) now has 14 days to decide whether to pursue the case to a full High Court hearing.
Express Foods says it is confident that the Norwich firm will drop the case "because even if it wins it will not be awarded costs. And if it loses, it will be liable to pay costs for both sides," says Coldstream Distribution.
However, Coldstream Ice Cream (Frozen Foods) says it is still talking to its solicitors and joint managing director Mike Hewett insists: We are not talking about dropping this case."