Damo and Ivor, RTE 2’s new comedy show featuring comedian Andy Quirke, will air as planned on Monday night, the High Court has been told.
Mr Justice Brian McGovern was told that a musician's action against RTE and Quirke over the use of the name 'Damo' had been resolved.
Singer song-writer Damien O'Regan had alleged he owned the trademark on the name ‘Damo’ and sued for alleged trademark infringement. The claim was denied.
The resolution includes O'Regan, of Sion Hill, Blackrock Co Dublin withdrawing his action without incurring either RTE’s or Mr Quirke’s legal costs.
Mr O'Regan, represented by Ken Fogarty SC, claimed he had registered the name 'Damo' with the Irish Patents Office several years ago in relation to entertainment services, music and lyrics he provides and that infringement would damage the goodwill he spent years trying to build.
Michael Howard SC, counsel for Quirke, said the action could be struck out.
Mr O'Regan was agreeing to waive any entitlements or rights to the name ‘Damo’ as part of the ‘Damo and Ivor’ concept, which he accepted Mr Quirke was fully entitled to exploit.
Barrister Ross Aylward, counsel for RTE, said Mr O'Regan accepted RTE was entitled to broadcast the ‘Damo and Ivor’ programme and agreed not to take any future legal action in respect of the ‘Damo and Ivor’ creation.
The characters of ‘Ivor and Damo’ are male parodies of South and North side Dublin stereotypes.
‘Damo and Ivor’ made live performances, have a noted internet presence, and have also released a music album.