What a tricky, tricky case!
Halle Berry is taking action against an Italian watch company for using her image and status in their ads without her permission, but the company is telling the actress she has no case!
But isn’t using someone’s likeliness for monetary purposes without paying them royalties ground for a case?
This is where things get a little more complicated!
Apparently the Italian watch companies, Toywatch and Triboo Digitale, filed a legal response back in December, saying the privacy laws:
“Do not apply to the acts of these Defendants that occurred outside of the United States.”
The watch companies are arguing these ads were published outside of the US, which protects them under the doctrine of nominative fair use.
Oh the dramz! It doesn’t look like it’s going too well for the Cloud Atlas actress.
[Image via Mavrix Online.]
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