Character Merchandising and the Sporting Industry

Abstract

This article examines issues related to the marketing strategy of "character merchandising", or the endorsement of products or services by famous people. The unauthorised use of a person's character may be prevented by the tort of passing off and an action under the Trade Practices Act 1974 (Cth). Cases discussed are Henderson v Radio Corp, Hogan v Koala Dundee Pty Ltd, Hogan v Pacific Dunlop Limited,Pacific Dunlop Limited v Hogan, Honey v Australian Airlines, Hutchence v South Sea Bubble Company, and Talmax Pty Ltd v Telstra Corp Ltd.