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Elio Fiorucci v Edwin Co. Ltd: relevance of the Right of Publicity on European trademark law

Edwin Co. Ltd v Elio Fiorucci and OHIM, Case C-263/09 (CJEU 5 July 2011)

Marco Reguzzoni

The European Court of Justice ruling in Case C-263/09 Edwin Co. Ltd v Elio Fiorucci and OHIM has clarified the scope of commercial exploitation of one's name with respect to European Trademark Law, specifically with reference to situations where registration of a Community trademark conflicts with the right to a name. The Court concluded essentially that the right to a name entitles the proprietor to prevent the use of his name as a trademark where he has not given his consent to registration, as long as he is famous; in other words in cases where his name has become a sort of brand in itself.

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