Unauthorized use of the image of a soccer player.

A ruling of the Argentine courts has declared a complaint brought by former River Plate player -currently playing for Pachuca de Mexico, -Fernando Cavenaghi against Arte Gráfico Editorial Argentino S.A. for the use of his photograph without his consent in an important advertising graphic campaign called “Radio Mitre Olé” sustained.

The campaign promoted the radio version of the journal “Diario deportivo Olé” edited by the defendant through graphic announcements reproducing the player's image together with the logos of the radio broadcaster and the sports journal, which were shown on more than 100 phone booths, posters located on the streets and on the rear windows of buses in the City of Buenos Aires.

Judges made a distinction between those pictures that the newspaper may freely use and which are intended for informing and entertain the reader, from those that are used for advertising a radio program and the newspaper, positioning both of them by using the image of a famous person of the soccer world without the player's consent.

Complete ruling at: here.
The photographs shown above are the ones that generated the dispute.
Author: Gustavo A. Sena
gsena@sbm.com.ar

Trademarks, curiosities and anecdotes.

Club Atlético Boca Juniors' colors. From pink, to golden and blue.

Colors golden and blue distinguish Club Atlético Boca Juniors since 1907. With them, Boca starred memorable achievements and exploits in the sport field by winning 18 International championships and 23 national ones during the professional era.

In the legal field the club obtained a favorable judgment in 1996 in a lawsuit against the predecessor of the current National Board of Industrial Property (INPI for its acronym in Spanish). The court action dealt about the feasibility of obtaining registration of the combination of colors blue and yellow applied to the sport apparel (shirt, shorts and socks) as a trademark. This case became “leading case”. It allowed one more step toward the protection of “trade dress” and the fight against piracy by allowing registration of the combination of colors applied to work or sport apparel.

However, the selection of Boca's colors has its history. Founded in 1905, Boca went from “white with three wide vertical stripes” to “light blue” and then to “black and white with several vertical stripes, collar and buttons”.

Photograph: www.nike.mercadoshops.com.ar
Boca Juniors Site: www.bocajuniors.com.ar/el-club/camiseta
Author: Gustavo A. Sena
gsena@sbm.com.ar

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