This condition applies as an obligation of loyalty towards the model holder, and does not mean that the advertiser is permitted to create the impression that a commercial relationship exists between it and the model holder. The party depicting the model must do so in accordance with ‘fair trade practice’. There are, however, three conditions attached to such use:ġ. The outcome was clear: in principle, the holder of a model must tolerate the depiction of its protected model by third parties for the purpose of ‘making citations’ in commercial communications.īut this is only permitted under certain conditions Nintendo initiated legal proceedings, and the case was ultimately brought before the Court of Justice, which was asked to deliver a judgment on the use of images of protected models in the marketing of third-party products.
The reasoning behind this was that the consumer might be a little too easily tempted to purchase the cheaper accessories of BigBen.
Nintendo was unhappy with this method of advertising – the use of images of the Wii console for the purpose of selling another party’s accessories. The Wii games console is a product whose design is protected within the EU as a model. BigBen displayed its Wii accessories on its website to promote the sale of its products. Nintendo lodged an objection against BigBen, a company that develops and sells accessories for the well-known Nintendo games console, the Wii. However, the European Court of Justice has made it clear to model holder Nintendo that there are limits to those rights. The term ‘use’ is also understood to mean the depiction of that model.
WII BIGBEN REGISTRATION
The holder of a model registration may file an objection against third parties that use its model (a product design, for example) without its permission.