Someone recently bought our

students are currently browsing our notes.

X

Sport And Sponsorship Notes

LPC Law Notes > Media Law Notes

This is an extract of our Sport And Sponsorship document, which we sell as part of our Media Law Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Media Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Sport and sponsorship

1) What image rights exist in UK law?

There are no standalone 'image rights' in UK law

2) What are the least likely way in which an individual can protect his image rights?

Copyright

a) No copyright exists in a person's name or their image in itself

b) Copyright will exist in each and every photo taken of an individual, however the owner of that copyright will be the photographer, and the individual has no right to control the exploitation of his image

Privacy

a) Can only be used if there has been a breach of privacy ? E.g. an image taken on private property

b) Cannot be used to protect your image in public, commercially, or before the photograph has been used / taken / in a contractual negotiation

Domain name

Should consider registering a relevant domain name to avoid the possibility of third parties using the domain and trading off the goodwill

3) What are the more common ways in which an individual can protect his image rights?

Passing off

a) Will have to demonstrate the elements for a passing off ? Goodwill, misrepresentation and damage

b) Has been used in a claim for false endorsements - Irvine v Talksport

c) Again, is a cause of action after the event and cannot be used before the photograph has been used / taken / in a contractual negotiation

d) Remedies include:

*
Damages / Account of profits;

*
An Injunction;

*
Delivery up / destruction

Trade marks

a) Can register a name, nickname or signature as a trade mark

b) This is only possible if the name, nickname or signature is distinctive i.e. it is associated with him in the mind of the public

c) Will normally be a question of fact whether the infringing mark is identical or how similar it is to the registered mark

d) The defendant's mark falls into one of the infringements under s.10 Trade Marks Act (TMA)

1) The defendant uses a sign which is identical with the claimant's trademark in relation to goods or services which are identical with those for which it is registered - s.10(1) TMA

*
No need to show a likelihood of confusion

2) The defendant uses a sign which is identical with the claimant's trademark in relation to goods or services which are similar with those for which it is registered - s.10(2)(a) TMA

*
And the defendant's product is likely to cause confusion on the part of the public

3) The defendant uses a sign which is similar with the claimant's trademark in relation to goods or services which are similar with those for which it is registered - s.10(2)(b) TMA

*
And the defendant's product is likely to cause confusion on the part of the public

4) The defendant uses a sign which is identical or similar to the claimant's trademark and the trademark has a reputation in the UK and the defendant's sign takes unfair advantage of, or is detrimental to the distinctive character or repute of the trade mark - s.10(3) TMA

e) Remedies include:

*
Damages / Account of profits;

*
An Injunction;

*
Delivery up / destruction

Buy the full version of these notes or essay plans and more in our Media Law Notes.