Soca star Machel Montano is seeking damages from former Manchester United football star, Dwight Yorke, whom he said used his image, name and music to promote a post-Carnival party in Tobago.
The matter was heard on Tuesday before Justice Frank Seepersad with neither Montano nor Yorke being present.
On Saturday, Justice Ricky Rahim granted an injunction preventing Yorke from using Montano’s image, name or music to promote his event and with the event having taken place on Saturday, The High Court granted leave to Montano’s lawyer, Larry Williams, to withdraw the notice of application, to formally discharge the injunction.
A trial will now be set to ascertain damages owed to Montano for the use of his image, name and music for the promotion of the fete.
No date has been set for trial by Justice Seepersad as documents relating to the lawsuit are still to be served on Yorke who will then be allowed time to file a defence.
Montano was advertised as being the headline act for Yorke’s annual event on Saturday, but said he never agreed to perform.
His manager, Chetan Kothari, in documents filed in the court, expressed concern the advertisements intentionally promoting Montano as the primary performer for the Island Vibe event and led to ‘a real risk that his reputation and brand will be compromised’, as Montano ‘took pride in always attending every show.’
Kothari said that on February 8, Yorke approached Montano and himself, requesting the singer to perform at the event, but they “unequivocally” informed Yorke that Montano would not be able to perform at the event or any other hosted by Yorke.
Kothari said that on February 12, he found out the event was being advertised with Montano as the headline act, with only his music being played in the background of an advertisement which had the tag: “The Evolution of Monk is coming to Tobago.”
Advertisements were also said to have been posted on the Island Vibe event Facebook page as well as flyers which were distributed.
Kothari said he later spoke with Montano who gave him the assurance that he was not performing in Tobago and that he had he received a phone call from Michael Christopher, acting on behalf of Yorke, who sought to book Montano for the event.
Kothari said on Saturday, the day of the event, advertisements were still being aired leading to Montano’s attorneys approaching the courts for the emergency injunction.
SOURCE: Antigua Observer