kated

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Hi all!

I understand that no one but a lawyer can give me exact legal advice however, I am more than concerned about the subject below and I would love to hear some opinions on this subject.

Can an agency that owns a celebrity model's name sue an up and coming model just for looking like the celebrity? With out her being a professional look-a-like and with out naming the celebrity who she is supposed to be trying to copy, can they just sue because of her looks? Can they make her stop modeling, or require her to die her hair or get plastic surgery to change the way she looks? At this point she is just being harassed by them as they continue to threaten to shut her website down and take her to court for making her living based on looking like the celebrity. They have also persuaded a few online businesses to remove her images from their sites, this resulting in modeling jobs being canceled and a loss of income for her.

If you take it to the extreme, suing based on appearance only, would kill the entire entertainment industry as it hires and markets people that have a resemblance to other famous faces. Not to mention all the impersonators, look-a-likes and dead-ringers would all be out of a job!

Surely they don't have a leg to stand on here!?!?! Right? I mean really how many Buxom Blond Bombshells could be sued by the agencies that might own the name Marilyn Monroe, Mamie Van Doren or Jane Mansfield?!?!?!

I feel this is something that could become a precedent if not nipped in the bud. It could go against all of us in the public eye/entertainment industry.


Any ideas, comments or help you could provide would be very helpful. Thanks in advance ;-)

Kate
;-)

Tidgy

they copyright the name not the face, so they can't sue for looking like, aslong as theres no direct copy then all ok. you can't be sued for looking like someone, or you'd have to pay for plastic surgery etc

*Sonic*

Its not Class Act is it ?

Edited to add, How can an agency 'own' a celebrity name, surely that 'celebrity' owns their own name, otherwise the agency could sue the real celebrity

sti-04!!

Get some pics up & we will decide from there

davegtt

Its not being sued because of looking like someone, its because theyre making a living out of looking like that person, I didnt think they could still sue although its possible that you might have to get their permission to do this, bit like copyright laws, a band cant cover another bands tracks IIRC without permission.

DCI Gene Hunt

Not true....... people have body parts trademarked/copyrighted as well.... Nigel Mansell had his eyes (stare from helmet) trademarked/copyrighted.

So that's you fcuked then Kated......................

davegtt

What if shes pretending to be vanessa feltz

kated

My sentiments exactly! My friend doesn't use the celebs name or anything and yet they are still trying to shut her down.

Thanks for the reply! ;-)

Tidgy

ahh righto, copywright is for a specific name, changing one letter in it means you can use it no mater what you do

sti-04!!

Your assuming again Dave.

stilover

What a load of rubbish !!!

How on earth could an agency sue someone for the way they look. I'd love to be in court when they give their argument.
We would like the defendant to quit her job as a model, or have plastic surgery to change her looks.

Sounds more like she has a case against the Agency, for loss of earnings. Especially if she can prove they've managed to get her image removed from other websites. This is clearly harming your friends earning potential.

If I was you, I'd get her to seek Legal advise.

DCI Gene Hunt

That's all good and well.......... but does she have nice ****?..........

kated

hehehe

yea don't think any one could make a living based on wearing a helmet and giving "the Stare"! hehehehe

I wouldn't want the helmet hair anyhoo! hehehe

sti-04!!

I was working upto that

stilover

Post up the link to your friends site. Let us judge for ourselves.

davegtt

stilover, like I said earlier, theyre not sueing over her appearance, theyre sueing over using the famous person as a way of making money, look a like type things, MAYBE you need to ask the famous person if they have any issues with you pretending to be them charging others for public meetings or private parties etc.... ?

DCI Gene Hunt

If I showed you my helmet you just might stare in admiration......... and I promise not to get it in your hair.........

kated

That's how I feel! Yes she has gotten in touch with a lawyer but she is not sure if they are right for the job.

I have just been scouring the net and e-mailing everyone I think might have 2 cents to pitch in!

Thanks for your reply!

;-)

kated

That's just it she doesn't do the look-a-like thing at all. She just happens to be a model that looks like this celeb. She in no way is trying to be the celeb or even compared or mistaken for the celeb. She uses her own name, logo and tag line. There is not even a mention of the celeb on her site.

;-)

davegtt

tell you what your probably better off doing, search google for a couple of David Beckham impersonators ask them, or go through their agent, how they dont get problems and legal threats from the Beckhams etc??? Least you might get a straight answer, and if you speak to their agent theres a good chance you might find yourself (or your friend ) getting a bit more work???

kated

way to break in the "newbie"!

davegtt

Sorry I miss understood because of this comment

But if shes not doing this and shes only doing normal modelling then they dont have a leg to stand on IMO.

rik1471

ditto!

kated

Good idea! Not sure the Beckham look-a-likes can help tho as she is in the states.

As for the agents, she works for herself aside from the product shots she does for specific companies. But I like the way you're thinking! hehehe
;-)

kated

hehehe
I'll ask her.....
;-)

rik1471

Go on, it's good for business. She wouldn't have a website if she didn't want people to look at her

kated

Yeah, no, my friend is using her own name that is very different than that of the Celebs. She is about 50 yrs younger than the celeb so there is not too many mistaken id's in person, however her photos are emulating the same era as the celebs photos did.

Funny thing not once has my friend stated she was trying to be like the celeb. She has always just been herself. Her mother was in the same type of work as well and she always says she is just following in her mom's footsteps. Heck she didn't even know about the celeb at all until a few years ago!
;-)

BOB.T

Heather Mills lookalike?

davegtt

OK, putting 2 and 2 together here Im guessing this celebrity is actually a model herself? Hence probably why the agency is presuming shes trying to make money out of looking like the celeb? Right or Wrong?

stilover

THIS IS INTOLERABLE

JUST POST THE ******* LINK !!!