PGA begin court fight over use of trade mark

A former member of the Professional Golfers’ Association (PGA) told the High Court yesterday he was not passing himself off as a member of the worldwide association or illegally using the PGA’s global trade marks.

High Court president Mr Justice Nicholas Kearns heard that Kevin Beirth, who trades under the title of the Irish Professional Golfers Association (IPGA), had been removed from membership of the PGA in July last year following an incident at a Pro-Am in October 2011.

Beirth, of Milesian Lawn, Feltrim, Swords, Co. Dublin, told the court that following a High Court application last week he had been served with documents and, since he was representing himself, he would require time to consider them. He said he was not passing himself off as the PGA or a member of it.

Declan McGrath, counsel for the PGA, said the association’s solicitors Mason, Hayes and Curran had unsuccessfully sought undertakings in a ‘cease and desist’ letter they had sent to Mr Beirth.

The PGA’s John Yapp said Mr Beirth had set up a website (www.ipga.ie) which had a direct link to the www.pga.info website and he was continuing to misrepresent to members of the public that there was a link between the IPGA and the PGA.

The PGA is seeking injunctions permanently restraining Mr Beirth from infringing its trade marks and passing off goods or services as those of the PGA. It is also looking for a ban on the use of what it claims are misleading website titles and the acronym IPGA or PGA.

Judge Kearns adjourned the application telling Mr Beirth he would have to enter a replying affidavit to the PGA claims. The judge said the hearing would go ahead next Tuesday.