Du får mitt rykte – vad händer nu? En analys av lojalitet och ansvar för offentliga personer vid överlåtelse av varumärke i eget namn.

Abstract

Celebrity branding, where famous individuals give their name to a brand, is more prevalent than ever, disrupting the traditional patterns of trademark creation. As the celebrity’s personal reputation becomes the primary driver of the brand’s initial success, an interconnected relationship is established that may last beyond the formal termination of the contractual ties and creates a situation where one party’s actions may affect the other, positively, or negatively. This thesis explores legal responsibilities and loyalty demands in the post-control relationship between a celebrity and “their” brand. Four conflict scenarios are analyzed, primarily from the perspective of a lifestyle influencer, as the blurred lines between business and private life intensifies the complexity of the situation. The examination covers potential legal consequences arising from reputational harm, the celebrity’s capacity for action and self-expression, and limitations to further brand creation in one’s name. This involves a two-step analysis: beginning with an examination of current law, followed by an instrumentalist analysis grounded in EU trademark values, seeking to determine a possible path forward. Findings reveal significant uncertainties and potential far-reaching consequences for both the celebrity and the market. The celebrity’s capacity to express evolving views, safeguard the authenticity of their personal reputation, and expand their business could all be limited. A potential solution could include gradually reducing legal responsibilities over time, encouraging investments in separate reputations, and reducing interconnectivity. This thesis further underscores the importance for celebrities interested in brand-creation to exercise caution when entering agreements regarding their names, as even seemingly simple consent agreements can have profound consequences.