High Court ruling finds in favour of celebrities

Britain's agencies were this week warned that they could find themselves in serious trouble if they feature celebrities in ads without their permission after a landmark High Court ruling.

A long-standing legal loophole allowing advertisers to fake celebrity endorsement has been plugged as a result of a successful legal battle by the Formula One racing driver Eddie Irvine.

Irvine sued talkSPORT, the radio station controlled by Kelvin MacKenzie's Wireless Group, over a leaflet sent to almost 1,000 potential advertisers showing a doctored picture of Irvine speaking into a mobile phone to make it look as if he was listening to the station's programmes on a radio.

The ruling gives legal backing to the argument that using a famous person in an ad without their consent amounts to "passing off

under English law.

Marina Palomba, the IPA's legal affairs director, said: "We're warning agencies that they must be very careful because this case makes the use of celebrities more restrictive."

She added: "If an ad contains an obvious implication that there is a connection between the product and a celebrity - and that celebrity's consent has not been obtained - then advertisers could be in legal trouble."

Until now, advertisers have been protected by a 1947 court case in which the children's radio presenter Derek McCollouch failed in his action against a cereal company for making references to him in ads. But last week, Mr Justice Laddie ruled that Irvine "has a property right in his goodwill which he can protect from unlicensed appropriation consisting of a false claim or suggestion of endorsement of a third-party's goods or business".

Legal experts believe agencies will now have to take extreme care, even if a celebrity is featured only in the background of a print ad or is mentioned only briefly in a radio commercial.

Market Reports

Get unprecedented new-business intelligence with access to ±±¾©Èü³µpk10’s new Market Reports.

Find out more

Enjoying ±±¾©Èü³µpk10’s content?

 Get unlimited access to ±±¾©Èü³µpk10’s premium content for your whole company with a corporate licence.

Upgrade access

Looking for a new job?

Get the latest creative jobs in advertising, media, marketing and digital delivered directly to your inbox each day.

Create an alert now

Partner content