Music promoter has undertaken not to use singer Johnny McEvoy’s name in a "Best of Irish" musical tour, the High Court has been told.
Mr McEvoy, famed for his rendition of emigrant folk song Spancil Hill, claims promoter James McGarrity and JW Promotions Ltd had sought to use his name to promote the tour without his consent or authorisation.
The High Court today adjourned an application for an injunction by Mr McEvoy after his counsel said they had received a letter from the defendants stating the material complained of will be withdrawn.
David Hegarty SC, for Mr McEvoy, said the defendants had also undertaken there would be no further publicity in relation to the singer.
In those circumstances, Mr Justice Roderick Murphy adjourned the matter to next month.
In his application Mr McEvoy, and his agent Darren Farrell, sought injunctions directing the withdrawal and destruction of all advertisements containing images and/or words concerning the singer and restraining the defendants causing publication of any advertisements about him in relation to the tour.
Mr McGarrity and JW Promotions Ltd, both of Romoan Avenue, Ballycastle, Antrim, are promoting “The Best of Irish” tour at different venues around the country this month and next month.
It is claimed, on January 22nd last, Mr McEvoy’s agent said he would be unable to perform due to other prior commitments.
Despite that, the defendants sought to promote the tour using Mr McEvoy’s image and name, it was claimed. Repeated requests were made to remove his name from advertisements but the defendants refused to do so.
In an affidavit, Mr Farrell said he was first contacted by the promoters about the forthcoming tour in January by email and told them he did not think Mr McEvoy would be available but to send on the dates so he could “confirm it with Johnny tonight.”
Mr Farrell said he “comprehensively indicated” Mr McEvoy would be unable to do any of the dates on the tour due to commitments to a documentary he was working on.
Mr Farrell said he later learned a poster with Mr McEvoy’s picture on it was being circulated. Despite a number of requests to the singer’s name and image removed over a two month period, it had continued to be used and Mr McEvoy then instructed lawyers, he said.