It took a little over 10 years for Gael Garcia Y diego moon They could toast with glass in hand for a new triumph… but this time the one that occurred in court. The duo known as “Los charolastras” won the lawsuit against the Scotch whiskey brand Johnnie Walker after it used the actor’s image without their consent in an advertising campaign titled walking with giantsbetween 2010 and 2011.
This victory goes hand in hand with another triumph that Gael García Bernal obtained, in November 2021, when the Supreme Court of Justice of the Nation (SCJN), the highest court, ruled in favor of the actor so that Johnnie Walker will compensate him for use of its image and thus receive 40% of whiskey sales during the period 2010 and 2011, the years in which the campaign was active.
In November 2021, the Supreme Court of Justice of the Nation had ruled that Gael García Bernal has the right to be compensated based on article 216 Bis of the Federal Copyright Law.
According to portal information Aristegui News, on January 13, 2022, the Supreme Court of Justice rejected as inadmissible the last resort of Diageo Mexico (distributor company of the famous whiskey in our country). In said appeal, Diageo sought to challenge the sentence that was imposed in January 2020 by the Eighth Chamber of the Superior Court of Justice of Mexico City (TSJCDMX) for causingmoral damage to the actors through the improper use of their image.
Now it is the turn of the 35th Civil Court of Mexico City, which will be in charge of calculating the amount of the compensation of the current lawsuit of Gael García and Diego Luna against Johnnie Walker:
“The amount of the payment of non-pecuniary damage must be made on the basis of fair compensation, for which it must be taken into account that it was an advertising campaign carried out in a mass media, in order to announce due compensation where it must be taken into account that the level of intensity of the damage is medium”, orders the judgment of the TSJCDMX. (via)
What happened in November 2021?
The Supreme Court of Justice of the Nation (SCJN) ruled in favor of the Mexican actor. Gael Garcia Bernal will have to be compensated with the 40% of the sales of the popular Jhonnie Walker whiskeyfromDiageo Mexico. The actor obtained the resolution in his favor after having sued the liquor company for the unauthorized use of his image and that of his family during the campaign walking with giantsfrom 2010 and 2011.
In 2013, Gael García Bernal began a legal battle against Diageo Mexico. The actor reported that “22 television commercials were broadcast in September 2011 with his image, without his knowledge. Therefore, he seeks compensation for the damage with compensation », (via Aristegui News). In 2016, the newspaper Millennium reported that in June 2013, the Mexican Institute of Industrial Property (IMPI) determined that Diageo México and Diageo Comercializadora had violated Section II of Article 231 of the Federal Copyright Law and sentenced them to pay a fine of one thousand salaries. minima.
It was in 2018 when Gael García filed an injunction against Jhonnie Walker, from Diageo Mexico. In said document –which can be consulted publicly here-, The First Chamber of the Supreme Court of Justice of the Nation ruled in favor of the protagonist of loves dogs Y Old and pointed to Diageo Mexico as responsible for improperly using the image of García Bernal.
To their credit, the owners of Johnnie Walker in Mexico argued that it was not up to the SCJN to legislate on the right to use the image. They emphasized that their body in our country does not own Johnnie Walker because its function is only intended for advertising and marketing the product, for these reasons they should not appear in the lawsuit. In fact, they assumed that the goal of the campaign was only to highlight big personalities and not for profit.
Eight years later, the dispute continued to escalate to the Supreme Court of Justice of the Nation, which ruled, this Wednesday, November 17, that Gael García Bernal has the right to be compensated based on article 216 Bis of the Federal Copyright Lawwhich dictates the following:
“Reparation of material and/or moral damage as well as compensation for damages for violation of the rights conferred by this Law shall in no case be less than forty percent of the retail price of the original product or the original provision of any type of services that imply a violation of one or more of the rights protected by this Law”.
It should be noted that since November 17, 2021, the First Chamber of the Supreme Court of Justice of the Nation declared as constitutional article 216 bis of the Federal Copyright Law (via).
In professional matters, Gael García Bernal will star in a film based on the life of Cassandro «El exotic», he is also in the cast of The Mother, with Jennifer Lopez and will join Marvel Studios with a Halloween special. While Diego Luna is preparing to repeat his role as Casian Andor in the Disney Plus series of the same name.
The entry Gael García and Diego Luna win lawsuit against Johnnie Walker was first published in Cine PREMIERE.