Tommy Fleming gets injunction over bestselling DVD

Mayo-based Irish TV restrained from allegedly using singer’s ‘Voice of Hope’ DVD

Tommy Fleming: his ‘Voice of Hope’ DVD has sold three million copies since 2005. Photograph: Pat Langan

Tommy Fleming: his ‘Voice of Hope’ DVD has sold three million copies since 2005. Photograph: Pat Langan

 

Singer Tommy Fleming has secured an injunction restraining the broadcasting of his bestselling DVD Voice of Hope by a TV company pending the hearing of a legal action.

The order was granted by a High Court judge against Irish TV, which is based in Co Mayo. The company broadcasts a 24-hour channel on Sky, Eir and free-to-air services as well as an online video-on-demand service.

Noel Travers SC, for Mr Fleming, told the court three million copies of the DVD have been sold worldwide since 2005.

The legal row is understood to centre on the alleged use of a promotional DVD sent out by the singer in relation to Voice of Hope.

Counsel said Mr Fleming, along with Tina Mitchell Fleming and TF Productions Ltd, wanted an injunction pending the hearing of the action.

Mr Fleming sought an injunction restraining Irish TV from allegedly passing off his Voice of Hope DVD under the name “Tommy Fleming Musical Extravaganza” or any similar trademark.

He sought further orders restraining Irish TV making available to the public without authorisation the Voice of Hope DVD or broadcasting it in alleged breach of Mr Fleming’s copyright.

Mr Justice Paul Gilligan, who was told the DVD has since been given back to Mr Fleming, granted the injunctions against Teilifís Mhaigh Eo Teoranta, trading as Irish TV, and also awarded costs against the Mayo company.

The television company, which employs 30 people, obtained High Court protection last month after an unexpected funding shortfall and liabilities over assets of €8.7 million.