Trademarks composed by names of celebrities

legal implications of the fame of the person

Abstract

This work focuses on trademarks composed by the name of celebrities to examine whether the fame of the character has any relevance in the legal regime. It is examined if the character’s fame implies, per se, a broader scope of protection for the trademark, as well as the implications of fame in the comparison of the trademarks with other signs necessary to determine whether there is similarity between them giving rise to a likelihood of confusion on the part of consumers, or to the special protection of marks with a reputation. Finally, when the trademark application is filed by a third party, the paper studies the role of character’s fame to appreciate that the applicant is acting in bad faith. The study focuses on European trademark law, in the light of the most recent case-law of the Court of Justice and the General Court.