A scheme to launch a free classified advertising service under atitle already used by the Kent Messenger Group has been thwarted in the HighCourt.

Paul Russell, who has an address in London, had set up a companycalled Adsmart and proposed to launch publications under the same name,providing free advertising.

He wrote to David Lewis, managing director of the Kent MessengerGroup, threatening legal action if the KM did not put an end to its ownAdsmart service, which has been in operation for some years.

In spite of being warned that Adsmart was a KM trademark and that hehimself risked legal action, Mr Russell persisted with his threats andconfirmed his intention of going ahead. The KM was left with little choicebut to seek an injunction to protect its business.

In the High Court, orders were granted preventing Mr Russell frominfringing the trademark and from using the name Adsmart. He was alsoordered to change the name of his company and to pay the costs of theaction, as well as compensating for any losses the KM may have suffered as adirect result of his activities.

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