April 2003
Eddie Irvine zooms personality rights into the public arena
Some months ago we brought you an article regarding the use of photos of Eddie Irvine by Talksport (a radio channel) on their marketing material where he was pictured appearing to endorse the channel. Irvine issued proceedings against Talksport for passing off (see elsewhere in this section of the website for the original case).
Both parties have recently appealed against the judgment. Talksport's appeal concerned basic liability i.e. they still felt that they had not falsely represented Eddie Irvine as endorsing Talk Radio. Eddie Irvine appealed against the damages that were awarded to him at the time (£2,000) on the basis that £25,000 would have been a more appropriate sum.
The judge held that just because the intention of the brochure picture was to be humorous, this did not remove from the fact that Talksport had profited from Irvine's goodwill and reputation by suggesting he endorsed them. In so far as damages were concerned the judge agreed that £2000 was too low as Irvine would not have willingly entered into an endorsement deal for this sum.
The full sum of £25,000 was substituted for the original £2000 awarded and the appeal by Talksport was rejected.
BRIFFA Comment:
This case provided one of the first judgments that went some way to confirming the existence of personality rights for celebrities. The idea is that celebrities are almost a "brand" having goodwill and reputation staked in their name and image and that this carries tangible value. False use of their personality rights could lead to a reduction in their brand value and cause damage to their image.
By increasing the damages paid to Irvine the court has further reinforced this trend and satisfied a growing area of the law.