نوع مقاله : علمی پژوهشی
نویسندگان
1 کارشناس ارشد حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
2 استادیار گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to the Passing off tort, no one has the right to misuse or counterfeit a trademark owned by another, to represent and offer his goods or services as the goods or services of another person, or vice versa. The main question in this article is whether the mentioned institution can be used in case of unauthorized use of the identities marks of celebrities, which is often done by advertising companies or manufacturers of commercial products. The initial answer to this question, based on the traditional concept of the above institution, was negative, because the passing off in the traditional sense only included the reader's introduction of his product as a product produced by another. However, in the developed and expanded concept of this institution, any situation in which consumers are deceived or misled about the origin of goods or endorsement of goods will also be subject to this institution. With this interpretation, since the use of the identity marks of celebrities may cause consumers to be misled about the origin of the goods, the quality of the goods, or their endorsement, celebrities can also sue by referring to the above institution. In this article, an attempt has been made to study the mentioned institution and its transformation, and finally, to study the approach of the Iranian legal system in this regard.
کلیدواژه‌ها [English]
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