September 26, 2012
- 29T Antitrust and Trade Regulation
- 29TII Unfair Competition
- 29TII(A) In General
- 29Tk30 k. Sponsorship, Approval, or Connection, Representations Concerning.
Use of photograph of celebrity look-alike in national advertising campaign for video club created likelihood of consumer confusion over celebrity’s endorsement of or involvement with club, in violation of Lanham Trade-Mark Act, § 43(a), 15 U.S.C.A. § 1125(a), which prohibits false descriptions of products or their origins, where celebrity was film director, writer, actor and comedian who had built up considerable investment in his unique, positive public image, resemblance between look-alike and celebrity was strong, same audience was involved, and defendants were at least aware of risk of consumer confusion.
Allen v. Nat’l Video, Inc., 610 F. Supp. 612 (S.D.N.Y. 1985)
Suggested by Ben Frisch, Senior Attorney Editor, Thomson Reuters