Keane latest celebrity to sue Paddy Power over image rights
In suing bookmaker Paddy Power, the Republic of Ireland assistant manager is following in the footsteps of other high-profile plaintiffs such as former Formula 1 driver Eddie Irvine and pop star Rihanna.
Sean O’Reilly of Ronan Daly Jermyn Solicitors said the old tort of “passing off”, used to enforce unregistered trade mark rights, is being increasingly used by celebrities to protect their images.
Mr O’Reilly said such cases are based on three principles; that the respondents are passing off on the goodwill generated by their public image; that the use of the celebrity image suggests an endorsement of the product or service; and that the unauthorised use of the image denies the plaintiff their earning power.
Rihanna recently sued Topshop over a t-shirt it sold bearing her image; while Eddie Irvine successfully sued radio station Talksport after it used a photoshopped image of him with a radio to promote its programming.
Keane is pursuing the betting giant through the Dublin courts after it parked a lorry near the Aviva Stadium on a match day emblazoned with a mocked-up image of the star as William ‘Braveheart’ Wallace.
The 40ft truck was seen outside the ground as the Republic of Ireland played Scotland in a Euro 2016 qualifier.
True to the bookie’s normally irreverent marketing style, the ad referenced Scottish voters’ rejection of independence last year and said: “You may take our points but at least we have our freedom (ya wee pussies).” No hearings have taken place in the High Court but it is understood Keane will claim it infringed his image rights.
And being no stranger to rows over its ads, marketing and promotions, Paddy Power stuck with its usually upbeat approach.
“Roy Keane has taken legal action against us following his face appearing on our Braveheart billboard ahead of the Ireland Scotland game, it’s with the lawyers so obviously we can’t talk about it, but hopefully they won’t take our freedom to have a bit of craic,” a spokesman said.
Paddy Power is no stranger to cheeky publicity stunts including putting bubble wrap around one of its shops, and around a dog and a bike outside the front window, ahead of last month’s friendly with England.
The bookie said it was “Yob-Proofing” the front of the betting office — a dig at the 20 years since England fans rioted in Dublin.
Both sides in the latest dispute are being represented by some of Ireland’s biggest law firms: Keane by A&L Goodbody and Paddy Power hired Arthur Cox.
No date has been set for hearings.



