Cleva Media, the Anglo-French photo agency run by SJA member Eoin Mundow, has made another application to a court in Toulouse for a penalty award against Byron Kelleher, the former All Black scrum half, and his clothing company, BK9, following the continued unauthorised use of copyright images.
Kelleher is due to play for Stade Toulouse in today’s Heineken Cup final at the Stade de France in Paris.
A ruling was made by the judge at a hearing at the Tribunal De Grande Instance, Toulouse, in December 2009, in which he imposed a sanction forbidding any further usage of the images on the website of BK9, Kelleher’s commercial clothing range.
According to a statement issued by the photo agency’s lawyer last night, “Despite the judge’s ruling, after a period in which the BK9 website was inactive, images appeared on its re-launch and were also used on Byron Kelleher’s ‘Kelleher for Youth Association’ website.
“This continued use of Cleva Media’s images is in breach of the court ruling and without the consent of Cleva Media.
“Cleva Media have not dropped the case and pursue their claim against Byron Kelleher and BK9 for using their images in breach of contract and also for copyright infringement.”
A further court hearing is due to be held next month.