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Chapter CG68415

Document Cited in Related
Vincent
Published date12 March 2016
Record NumberCG68415
Are “image rights” really goodwill?

As there is no such thing in UK law as an “image right” CG68405, unless there are identifiable Intellectual Property Rights (e.g. a registered trade mark or copyright), when an “image right” is assigned CG68420 the asset concerned for CGT is likely to be goodwill CG68010. The only meaningful protection for such rights in the UK at common law is an action in passing-off CG68410.

However, passing-off only protects the goodwill that a claimant has in his reputation. A celebrity’s identity indicia (e.g. name, voice, image, etc) is only protected if they are badges of the goodwill that he has in his reputation but it is possible for a celebrity to have goodwill in their image, just as in their name or voice. Consequently before an individual can bring an action for passing-off, he or she must establish goodwill and/or reputation in his or her identity indicia.

In The Law of Passing-Off (Sweet & Maxwell, 2011) Wadlow explains at page 7-106 when an action for passing-off in relation to a sportsman or entertainer will succeed and when it will not -

“In English law, damage to goodwill is still the gist of the action and a misrepresentation which causes no damage is not actionable. If a professional sportsman or entertainer already has a substantial income from granting endorsements or similar kinds of licence, then he has a goodwill in relation to...

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