F1: Irvine sues radio station

Formula One racing star Eddie Irvine today launched a High Court action against a radio station he accuses of exploiting his celebrity image by using a ‘‘doctored’’ photograph of him on the front of an advertising brochure.

Mr Irvine was present at London’s Law Courts for the hearing of his damages claim against talkSPORT over a 1999 leaflet which was distributed to more than 900 potential advertisers.

His barrister, Ms Lindsay Lane, told Mr Justice Laddie that the ‘‘passing off’’ action centred on a photograph of Mr Irvine, dressed in his racing gear, in which a mobile phone he was holding to his ear was deleted and replaced with a radio bearing the logo Talk Radio - the name of the station at that time.

Ms Lane, who is also representing Mr Irvine’s management company Tidswell Ltd, said that in today’s ‘‘cult of celebrity’’, young, talented and attractive celebrities were able to give products a ‘‘valuable asset’’.

‘‘That asset is the attractive force that brings in custom. This case is about the unauthorised use of the attractive force of such a personality, Eddie Irvine, in order to market and sell the services of a radio station.’’

Counsel told the judge: ‘‘Before you today is the question of whether a third party unrelated to my clients should, without their consent, be able to exploit that attractive force by using a doctored photograph where a mobile phone has been turned into a radio bearing the logo Talk Radio.’’

Ms Lane said that at the time the brochure was distributed Mr Irvine’s image would have been ‘‘widely recognised at that time’’. He was at the height of his career with Ferrari.

That year he finished second in the Formua One Drivers’ World Championships.

She said: ‘‘He was probably the most recognisable of all drivers after Michael Schumacher.’’

Ms Lane argued that the doctored image amounted to a misrepresentation by the defendant, talkSPORT, in that recipients of the flyer were likely to be deceived by it into believing that Mr Irvine had endorsed, recommended, approved or otherwise been involved in some commercial arrangement concerning Talk Radio.

The claimants argue that such misrepresentation has caused them damage. Mr Irvine says he was deprived of the control which he usually exercises over his image.

talkSPORT Ltd is contesting the case and argues that the distribution of the leaflets, which also featured other drivers, was not calculated to deceive or cause confusion in any of the respects complained of.

They argue there was no passing off and that the claimants are not entitled to any relief from the court.