Two recent cases suggest a more European approach is being taken on the protection of personalities. Whatever may be the position elsewhere in the world, and however much various celebrities may wish there were, there is today in England no such thing as a free-standing general right by a famous person (or anyone else) to control the reproduction of their image. Nick Aries offers an overview.
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This article was first published in the Dec/Jan 2013 issue of the ITMA Review, the journal of the Institute of Trade Mark Attorneys (ITMA). For more information on ITMA, please visit http://www.itma.org.uk/.