The BBC has reportedly started legal proceedings against HarperCollins for seeking to publish an autobiography of Ben Collins, a former racing driver, in which Mr Collins alleges that he is The Stig, the helmeted driver of BBC’s Top Gear. The BBC alleges that the threatened disclosure “breaches agreed contractual and confidentiality obligations”.
Presumably, if Mr Collins is the current Stig (or perhaps one a number of Stigs) there will be restrictive covenants in place. If Mr Collins is merely a former Stig then the contractual position may be more complicated. Even so, one must fancy the BBC’s chances of showing that any such disclosure is/was a breach of confidence at common-law (although interim injunctive relief would appear impossible given that the Stig is out of the bag, so to speak).
Either way, The Stig’s secret identity is a key theme of the show. If Mr Collins is the current Stig, the BBC will surely move quickly to replace him.
Posted by Nick McDonald, who specialises in intellectual property law including copyright, patents, trade marks, passing off, design disputes, breach of confidence, database rights and IT.
Nick McDonald
0115 976 6198
nmcdonald@brownejacobson.com
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Tags: BBC, Ben Collins, Intellectual Property, The Stig
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