Image rights and passing off: should reputation be enough for celebrities to succeed in English courts? thumbnail
Image rights and passing off: should reputation be enough for celebrities to succeed in English courts?
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the Internet has greatly enhanced the speed at which information spreads across the globe. As a result, it has become imperative for some companies and celebrities to obtain IP protection in multiple countries even when those IP rights (such as passing off) are not specifically governed by multilate
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  • the Internet has greatly enhanced the speed at which information spreads across the globe. As a result, it has become imperative for some companies and celebrities to obtain IP protection in multiple countries even when those IP rights (such as passing off) are not specifically governed by multilateral treaties.
  • is difficult to argue against the application of the decision in Starbucks (HK) to celebrities.
  • there are no image rights in English law
  • tarbucks (HK) v Sky ruled that mere reputation is not enough to succeed in an action for passing off and that claimants must show goodwill in the form of customers within the country.
  • ercial context.2 This has not always been an easy option and it has been particularly difficult for some celebrities to satisfy some of the elements of the classic trinity,

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