Character Merchandising and Personality Merchandising: The Need for Protection - An Analysis in the Light of UK & Indian Laws
Entertainment Law Review (Sweet & Maxwell, London), Vol. 23, Issue 3, 2012
9 Pages Posted: 8 Dec 2011 Last revised: 3 Jun 2013
Date Written: December 4, 2011
Character Merchandising has grown as the most favorite weapon in the arsenal of the advertising and marketing industries. Though the courts of various countries have recognized the right to protect the commercial value of a character, the English courts are still willing to live in the world where the popularity would cost the character the right to prevent the unauthorized use of its hard earned reputation. This paper analyses the evolution of the legal framework regarding the protection of character merchandising and personality merchandising in UK. The paper also analyses the protection available to prevent the unauthorized character merchandising in India and what measures may be further adopted.
Keywords: Character Merchandising, right of publicity, tort of passing off, three point test of passing off, Eddie Irvine’s Case, ICC Development (International) Ltd. v. Arvee Enterprises, Star India Private Limited v. Leo Burnett (India) Pvt. Ltd, Character Merchandising in India
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