Maradona Sees Red As He Sues ProEvo Over Image Rights

Argentinian footballing legend, Diego Maradona, has seen red and decided to sue the makers of Pro Evolution Soccer, Konami, for its unauthorised use of his name and likeness. When playing the latest version of the well-known "ProEvo" series in "Legends" mode, a player referred to as a 23 year old, left footed supporting striker called Maradona, can be used. An image of the player is produced depicting a young man with a mop of jet black hair which bears more than a passing resemblance to the ex-Barcelona and Napoli strike man.

Maradona's decision to pursue a claim against the Japanese gaming giant is another example of a celebrity looking to safeguard his or her image against unauthorised commercial exploitation. In an age where social media has spawned a new type of 'celebrity' the court system in England and Wales could well face a raft of similar claims, but how easy is it to protect your image rights?

Unfortunately (or not, depending on your perspective) there is no codified law of image rights or privacy in England and Wales, and as such an individual's ability to protect his or her "image" can be a troubled process. As there is no one law which regulates these issues the individual if left to assess which of alternative option is the best fit:

Law of Privacy - Tort of breach of confidence

Whilst there is no tort for "invasion of privacy," the right to privacy has long been recognised and is enshrined in the European Convention on Human Rights. However, this right focuses on the misuse of private information. This issue was examined in the landmark case of Campbell v MGN where the House of Lords confirmed that personal information can be protected if:

The information used is private; or Disclosure of that information would give substantial offence to a person of ordinary sensibilities places in similar circumstances to that individual. Trade Marks

But how does that protect the use of somebody's name and image? Historically, famous figures have relied upon Trade mark law both in the UK and internationally to try and prevent the unauthorised use of their 'brand'. Examples of celebrities trying to protect their name and/or their image include:

Name - David Beckham registered a European Union Trade Mark (EUTM) against his name in relation to wide variety of goods ranging from key-rings to jewellery, and perfumes to hair care products. Similarly, Tiger Woods has registered a EUTM in respect of a range of goods including sportswear and golf...