| Commentary

85 People

| Commentary

85 People

An individual depicted or referred to in an advertisement or in marketing materials without his consent may have a cause of action under the law of passing off. In addition, where an individual is depicted or referred to as a character originally portrayed by that individual in a radio or television programme or film without the programme or film producer’s consent, then the producer may have a cause of action under the law of passing off.

A claim to passing off will generally only arise where:

  1. 85.1

        the individual or character has acquired a level of reputation or goodwill

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