In a recent New Zealand High Court decision, Uber Group, a Northland company, offering telecommunication services for the past 20 years, sought an interim injunction against both Uber Technologies (the well-known rideshare and delivery company) and another telco, One NZ (formerly Vodafone), who were acting together in a cross-promotional partnership.
The Court held that no injunction should be granted as this would be likely to cause “not insignificant harm” to the two defendants. Moreover, the balance of convenience, given the overall justice of the case, did not favour interim relief according to Justice Mathew Downs.
The Judge said the partnership was not offering the same type of services as those provided by the plaintiff, Uber Group. Uber Group’s lawyer claimed “Two Ubers is too many”, but the judge felt that granting the plaintiff interim relief would mean the partnership between the two defendants would likely end; several staff would lose their jobs; and both defendant companies would lose sales and revenue.
This decision still leaves it open for Uber Group to bring a substantive claim against the two defendants, as the Court held there was a “serious question to answer”.
It is now up to Uber Group to consider their next moves, if any.
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