Dua Lipa has recently filed a $15 million lawsuit in California against Samsung. The tech giant allegedly printed Lipa’s photograph on cardboard packaging for millions of TV’s sold across the US.
Her legal team have relied on three US laws:
- Copyright Infringement (unauthorised use of the image)
- False Endorsement under the federal Lanham Act
- The Right of Publicity (a Californian law protecting a person’s commercial identity)
But what if this happened in the UK? Could a British celebrity or business owner protect themselves in the same way?
What equivalent protections exist in the UK for individuals?
While the Copyright infringement claim would remain almost identical under UK law and our common law tort of ‘Passing Off’ covers false endorsement (requiring proof of goodwill, misrepresentation and damage), the core of Lipa’s case, being the California Right of Publicity, does not exist in the UK.
The Right of Publicity, commonly known as ‘image rights’, gives individuals the exclusive right to control how their name, likeness or voice is used commercially, whether in advertising, merchandising or product packaging.
Without clear image rights, the UK faces a growing problem: generative AI can mimic a person’s image, voice or likeness for commercial gain in seconds. UK GDPR may offer some limited protection, but passing off and copyright claims remain expensive, complex and hard to prove.
How can individuals protect their image in the UK?
We are currently seeing a major influx of talent, such as darts sensation Luke Littler and football star Cole Palmer, actively registering trade marks for their names, signatures, and distinct poses.
A registered trade mark gives individuals a clear, enforceable right to control commercial use of their identity. It will not, however, prevent use of their image in news coverage, commentary or non-commercial sharing, targeting commercial exploitation only.
Requirements for registering a trade mark
In order to be capable of registration, the Trade Marks Act 1994 defines a trade mark as any sign which is capable of clear and precise representation which denotes its origin and distinguishes the goods or services of the owner from third parties.
Distinctiveness is the hardest hurdle to overcome. A face cannot be purely decorative, it must signal to consumers where a product or service comes from. Historically, only highly stylised images like the KFC Colonel Sanders logo qualified. Celebrities may rely on ‘acquired distinctiveness’, where their fame is strong enough that consumers instantly link their face to a specific brand. For non-celebrities, the position is less certain. A trade mark registered for specific classes of goods or services could, in principle, be enforced against AI-generated content used commercially in those classes, but proving distinctiveness without widespread public recognition remains a significant challenge.
AI is transforming the intellectual property landscape. Creating and distributing realistic images of individuals for commercial purposes has never been easier. In the absence of statutory image rights in the UK, trade marks remain one of the most effective tools available for protecting both brands and talent.
If you need advice on how to protect your brand, please get in touch with our commercial and IP team at [email protected].
