Critically discuss and evaluate this statement

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Reference no: EM133215972

Question: It has been said that character merchandising is concerned with the commercialisation of popular and well known characters or personalities to promote, sponsor and sell products. The characters involved are usually celebrities attributing their success to, for example, the use of a product, or to the consumption of certain types of food. The reference or use of a famous character or celebrity does not need to be a natural person. Indeed, there is reference or use of cartoon or fictional characters in advertisements with approval or endorsement when this is not the case. There have been decisions which are concerned with establishing the extent of protection in claims relating to character merchandising. It should be noted that it is not enough that some unauthorised use of a character or personality has occurred. There must be present a misrepresentation attracting action under s 18 of the Australian Consumer Law. This usually involves proving that the unauthorised use has misled or deceived or confused members of the public into believing that permission to use the character's name or image has been given.

Critically discuss and evaluate this statement in the context of consumer transactions.

Reference no: EM133215972

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