Question

Consider the example of a unique design or logo that appears on a silk-screened T-shirt. This T-shirt example is equally applicable to protecting caps, jackets, mugs, and the like. Many businesses use such items as promotional prod­ucts or as the very basis of their business.

ISSUE: What Should You Do If There Is a Celebrity Name and/or Likeness Included in The Artwork or Design?

Please put the rule of law, how it can be applied, & conclusion.

Answer 1

The image rights ( also called personality rights) are an individual's proprietary rights in their personality, which can be used by a person to prevent the use of his /her name, image, or any aspect related to his /her personality for being used for commercial purpose.

For using image of a well known personality, his /her consent is absolutely essential. The rights of use of the image can be purchased by the company, i.e. purchasing the copyrights for commercial use of the image or any aspect related to a celebrity's persona. The act of such purchase comes under trademark protection laws , where celebrities receive money in lieu of allowing the use of their images for commercial use. Even after purchase, the celebrity's image can not be used by the company at will. It is liable for " passing off" if it uses the image in such a way so that the act may tarnish the public image of the celebrity or put his /her reputation at harm.