Hurler seeks damages over commercial use of his image

An inter-county GAA star is taking a case against a newspaper over the alleged unauthorised use of his image in promotional material.

In what is believed to be the first case of its type, Clare hurler Diarmuid McMahon, of Brookfields, Shannon, is seeking damages from the Clare People arising from the newspaper placing McMahon's image on promotional material in April 2005 ahead of the launch of the paper.

In the case before Ennis District Court, the Clare hurler is claiming he is entitled to restrict his image or personality, in particular where it is being used for commercial gain.

The Kilmaley club player is claiming he is entitled to this arising from the provisions of the constitution and common law.

McMahon claims the Clare People published a brochure seeking to obtain advertising revenue from businesses in Clare and it included a photo of him hurling in the Clare colours.

In court yesterday, acting as agent for McMahon's solicitor, Siobhán McMahon applied for an adjournment as the hurler is currently in Australia.

Judge Mangan adjourned the case for hearing to April 24th.