By Jailene Giron
The Mexican actor Diego Luna has been victorious in his legal battle against the Johnnie Walker brand after the unauthorized use of his image and his friend’s Gael García Bernal in the “Walking with Giants” campaign in 2011.
After more than a decade of litigation, it was confirmed that the Supreme Court of Justice of the Nation (SCJN) issued a ruling in favor of the actor, granting him protection for the improper use of his image in 22 advertisements broadcast on television and digital media without having a contract or consent of your team.
“The right to one’s own image is an extension of personality rights (…) It protects the power of each person to decide how their visual identity is used, as well as economic interests, dignity, privacy, honor and identity,” the Plenary of the SCJN stressed.
According to said resolution, The Diageo Mexico company must deliver to Diego Luna 40% of the profits obtained from the sale of said product. It will be a collegiate court that will quantify the exact amount of compensation that corresponds, without applying deductions for production or marketing expenses.
According to the SCJN, To obtain the total sum, an analysis will be carried out that takes into account the territorial scope of the campaign between September and October 2011, the effective duration and the monetary update until the payment date.with sinister in the National Consumer Price Index. In addition, it was emphasized that the amount of compensation must preserve its staunch value in the face of inflation.
In this sense, the ruling stipulates that the possibility of reducing the repair through accounting calculations is totally prohibited: “The great damage derived from the unauthorized use of the image has full legal consequences,” it was reiterated.
Diego Luna is not the only famous person who wins a legal battle against the alcoholic beverage brand. His colleague and friend, Gael García Bernal, received a similar ruling from the SCJN in November 2021.
Likewise, The verdict ordered that Diageo México had to compensate the protagonist of “And Your Mom Too” with 40% of the sales generated by the “Walking with Giants” campaign. by Johnnie Walker.
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