n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Suggestions for the protection of star athletes and other famous persons against unauthorised celebrity merchandising in South African law
|Article Title||Suggestions for the protection of star athletes and other famous persons against unauthorised celebrity merchandising in South African law|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Author||Andre M. Louw|
|Publication Date||Jan 2007|
|Pages||272 - 301|
While the South African public seems to be 'sports-mad' and the FIFA World Cup 2010 continues to dominate headlines and grab popular attention, it may be time to revisit an issue in our law that has largely been neglected thus far. South African law has not had much occasion to grapple with the issue of unauthorized celebrity merchandising, a practice that has increasingly occupied the minds of judges and writers in other jurisdictions in recent years. In fact, the term 'celebrity merchandising' seems not to be recognized under South African law as having any special meaning or validity. I will argue that this is an oversight and a mistake, and that our law needs to come to grips with a commercial reality that will, sooner or later, enter the mainstream of South Africa's burgeoning entertainment and professional sports industries.
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