▲蘇狀師談名人知名度之訴

蘇思鴻 律師
發表時間:2023/02/05 01:36 303 次瀏覽

Pele v. Samsung: Avoid lookalike identities.

Pele IP Ownership LLC v. Samsung Electronics Co. Ltd. was brought in the Northern District of Illinois on behalf of the entity that owns the endorsement rights for the former soccer player Pele.
比利智權有限責任公司以其擁有前足球員「比利」代言權身分,在伊利諾北區法院對三星電子公司提起訴訟。
At issue was a Samsung advertisement that ran in The New York Times, Fortune, Forbes, The Economist and The Wall Street Journal. The advertisement did not use Pele's image but featured an individual who looked very much like Pele. The advertisement also showed a Samsung TV with a soccer player executing a version of the so-called scissors or bicycle kick for which Pele is famous
爭議緣起於三星在紐約時報、.財富、富比士、經濟學人及華爾街日報等刊物刊登廣告。該則廣告並未秀出比利的樣貌,但以一個樣貌與比利極為酷似取代之。

Fewer than two years before Samsung ran the advertisement, Samsung nearly entered into a license agreement for the use of Pele's identity, but it backed away at the last minute. This case settled after several years of discovery.

The key lesson from this case is that companies cannot avoid misappropriation claims by imitating an individual's likeness. Courts have sustained misappropriation claims based on the use of lookalikes,[11] soundalikes[12] and other identity evocations.[13]

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