Ferrari sued for Trademark Infringement, False endorsement and Misappropriation of the right of publicity

Terence Steven McQueen (The man) …

Image Credit- Getty Images

He was an American actor, also called the King of Cool whose "anti-hero" persona developed at the height of the counterculture of the 1960s and made him a top box-office draw of the 1960s and 1970s.

The Action…

Steve McQueen's descendants, comprising of the actor's son- Chadwick McQueen, and the estate of the actor's daughter, Terry McQueen, on behalf of granddaughter Molly McQueen, are suing Ferrari. The family is seeking an injunction against Ferrari's McQueen marketing, an award of all profits gained from the "infringing acts," financial damages and "the destruction of all marketing, advertising, or promotional materials depicting Steve McQueen's name, photograph or likeness.

The claims are trademark infringement, false endorsement and misappropriation of the right of publicity and the plaintiffs are demanding $1 million in compensatory damages, and $2 million in statutory damages per registered trademark.

•  Trademark infringement- The unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services.
•  False endorsement claim- This is a cause of action against someone who has falsely represented that there is an association between a person and a product.
•   The right of publicity- The right of a person to control the commercial uses of his or her identity by prohibiting unauthorized commercial appropriation by others.

Image Credit- Euronews

The complaint…

Image Credit-CNN Money

Ferrari’s marketing autos around the image of the iconic actor without compensating the family.

Profiting unfairly from the actor's legacy in 2017 by selling "The McQueen," a limited-edition model in connection with the 70th anniversary of Ferrari-branded cars.

Creating the false perception that the car has been authorized by the family and that its design and details make it an authentic 'McQueen' car, deserving of the price premium and value that accrues to licensed and authentic McQueen cars and products.

 After McQueen’s lawyers complained, Ferrari renamed the model as "The Actor" , however they continued to employ McQueen's likeness on its website and in marketing material.

 The family also contended that anything associated with the deceased movie legend — "especially cars — drives value for example a 1970 Porsche 917K featured in the McQueen film Le Mans t auctioned for over $14 million.

An ounce of prevention is worth a pound of cure…

Today’s fast paced world of social media “madness”’, the quest to belong and to associate increases the risks of false endorsement and misappropriation of the right of publicity. It is worthy of note that these claims may emanate from celebrities or non-celebrities, but the risk is heightened with celebrities, who can and will sue to protect against unauthorized use of their personal brands.

So, how do you prevent or minimize the risk of such claims- get permission before using anyone’s name, image, or likeness on a social media page or to promote your business or commercial endeavours.

News Credit- Phys Org