Image Rights: new article

December 2005


This is a link to the article Intellectual Property; Protecting image as trade mark
by Dr Peter Groves, Solicitor. Bircham Dyson Bell “ There are no image rights in English law, unlike the position in several other countries.  However well-known a person might be, their image is not something that attracts protection of itself.  They cannot stop photographs being taken, or even published. But the law has come to their assistance in small ways, such as the recognition by the courts that falsely claiming the endorsement of a celebrity may amount to passing-off (Edmund Irvine v TalksportLtd[2002] EWHC 367).  Copyright, libel, malicious falsehood and the Trade Descriptions Act 1968 may also be useful. In addition, the Trade Marks Act 1994 tells us that among the various things that can be registered as trade marks are personal names ….. “

Also see Law Updates November 2005 Trademark – Manchester United’s manager fails to protect his own name on posters

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