Balancing Interests in Judgment No. 9289 of 2024: Use of Famous Personalities' Names

The recent judgment No. 9289 of 2024 by the Court of Cassation offers significant food for thought on the delicate nature of the right to one's name and the commercial use of famous personalities' names. The central issue concerns the balance between the right to protection of personal identity and the informative and commercial purposes linked to the use of such names. This judgment not only clarifies certain regulatory aspects but also marks an important precedent in Italian jurisprudence.

Context of the Judgment

In the case under examination, the children of a well-known deceased actress had filed for injunctions and damages against the use of their mother's name in a commercial context, specifically for advertising certain shoe models. The Court of Appeal of Florence had already rejected these claims, emphasizing the importance of an overall assessment of the circumstances. The Court of Cassation confirmed this decision, highlighting the necessary balancing act between the right to respect for one's name and freedom of enterprise.

Use of a famous personality's name without consent - Informative purpose coexisting with commercial purpose - Necessary balancing of interests - Specific case. Regarding the right to one's name, while Article 7 of the Civil Code can be invoked to react to undue commercial uses of one's name, where informative, educational, or cultural purposes coexist with profit-making purposes, the judge is called upon – particularly when the name of a famous personality is used without the consent of the interested party – to balance the different interests, relating, on the one hand, to the right to respect for one's name and personal identity and, on the other, to freedom of enterprise and the right to be informed. (In this specific case, the Supreme Court confirmed the merits court's decision which, by balancing the advertising function and the informative function of the name – not subject to review in a legitimacy appeal if adequately reasoned – had rejected the injunction and damages claims brought by the children of a very famous deceased actress, whose name had been used also to indicate the prestigious origin of certain shoe models and the historical-social context in which they were made).

Legal Implications

The judgment refers to Article 7 of the Civil Code, which protects the right to one's name and personal identity. However, the Court highlighted that in cases where the use of the name is for informative or cultural purposes, it may be justified, provided that a careful balance of the interests at stake is carried out. This approach aligns with European regulations concerning freedom of expression and the right to information, suggesting a broader interpretation of the protection of one's name.

Conclusions

In conclusion, judgment No. 9289 of 2024 by the Court of Cassation represents an important step forward in understanding the right to one's name and its commercial implications. It underscores the need for a constant balance between the protection of personal identity and the demands of information and freedom of enterprise. For legal professionals, the judgment offers important insights into how to manage disputes related to the use of public figures' names, highlighting the fundamental importance of a contextual and in-depth assessment of individual situations.