May 24, 2024
Concept: The right of publicity protects an individual’s control over the commercial use of their likeness. This includes things like their name, image, voice, and other distinctive characteristics.
Protection: It prevents others from using these elements for their own commercial gain without permission. This could be using a celebrity’s image to sell a product, using their voice in an advertisement, or creating a character that is clearly based on their likeness.
Benefits: It allows celebrities and public figures to control how their image is used and to profit from endorsements or licensing deals.
Related Case Law (India):
Passing Off:
Concept: Passing off occurs when a business deceives consumers into believing their product or service is associated with another well-established brand. This can involve using a similar name, logo, packaging, or marketing strategy.
Protection: It protects consumers from being misled and ensures fair competition in the marketplace. Businesses cannot take advantage of another’s reputation to sell their own products.
Related Case Law (India):
Key Differences:
Focus: Right of Publicity protects the individual, while Passing Off protects the established brand.
Basis: Right of Publicity stems from a person’s control over their image, whereas Passing Off focuses on consumer protection and fair competition.
Overlap:
Importance:
Both Right of Publicity and Passing Off play a crucial role in protecting individuals and businesses in the commercial world. They ensure fair competition and prevent consumers from being misled. These legal concepts are becoming increasingly important as the use of images and branding in marketing continues to grow.
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