A dispute has arisen over who should be entitled to use the title "Miss Ireland" in the running of beauty pageants in Ireland, the High Court was told yesterday.
Proceedings have been brought by Miss World Ltd, with a registered office in St Helier, Jersey, and principal place of business at Golden Square, London; Ms Margaret Humphries, a businesswoman, Lower Leeson Street, Dublin; and Ms Andrea Roche, a businesswoman with an address at City West Hotel, Saggart, Dublin.
They are suing Miss Ireland Beauty Pageant Ltd, with a registered office at O'Connell Street, Limerick; and Mr Kieran Murray, a businessman, Iona Drive, North Circular Road, Limerick, a director and shareholder of the defendant company.
The plaintiffs are seeking an injunction, which would continue pending a full hearing of the action, restraining the defendants from passing off any of the defendants' beauty pageants as the Miss Ireland pageant. They are also seeking an injunction requiring the defendants to cease operating any business under any name which includes "Miss Ireland".
Ms Justice Laffoy was told Mr Murray had organised and run the Miss Ireland beauty pageant in Ireland under a franchise from Miss World Ltd for a number of years. Prior to Mr Murray, the franchise had been held by Mr Krish Naidoo, from 1980 to 1996.
Mr Murray claims he purchased Mr Naidoo's business, which was not incorporated but which was described as and traded as the "Miss Ireland Beauty Pageant". In an affidavit, he said there was no written agreement as such. He had paid Mr Naidoo £25,000. Through that contract, he purchased all the goodwill attaching to Mr Naidoo's business and all that went with it, he says.
The plaintiffs deny Mr Murray's claim. In their statement of claim, presented by Mr Kevin Feeney SC, with Ms Doreen Shivnen, they say that, through six successive annual agreements, "the franchise agreement" from January 1997 to May 2002 between the Miss World Organisation and Mr Murray or his company, he was granted a licence to organise, on Miss World Ltd's behalf, the Miss Ireland beauty pageant.
The plaintiffs claim that, through a letter dated January 15th, 2003, notice was given to Mr Murray that it would not be renewing his franchise. Miss World Ltd had appointed Ms Humphries and Ms Roche in place of Mr Murray to organise the Miss Ireland beauty pageant for 2003 on Miss World Ltd's behalf. Ms Humphries and Ms Roche organised the Miss Ireland pageant for 2003 in August last, it is claimed. The event cost between €60,000-€70,000.
The plaintiffs claim that on February 27th, 2003, within two months of being informed of the non-renewal by Miss World Ltd of his franchise, Mr Murray had wrongfully applied to register the words Miss Ireland as a trade mark for entertainment services and the organisation of beauty contests.