The BBC will no doubt claim to have image rights in The Stig. However those image rights will be limited. Indeed, there are no such things as image rights per se under UK law. The BBC would need to specifically identify any IP rights it claims to have in The Stig; including design rights, copyright, trade marks or rights in passing off.

Any programme with Collins in a racing outfit that doesn’t confuse the watcher, which uses the name The Stig carefully, or uses clothing that is dissimilar to The Stig’s famous white outfit, is ultimately unlikely to put Channel 5 the wrong side of the line.

No doubt both channels will already be considering the legal issues.

Holly Mitchell
0115 908 4886
hmitchell@brownejacobson.com

The agreement, which imposed a restriction that was much longer than the industry standard, was a restraint of trade and therefore unenforceable. The judge also considered Rooney’s age at the time the agreement was executed (he was only 17) and concluded that the agreement was not the result of a negotiation between equals.

The case illustrates the dangers of imposing lengthy restraints, particularly where these exceed industry standards (FIFA regulations stipulate a cap of 2 years for on-field agreements). Rooney was “delighted to have won this case” and the £4.3m he saved no doubt came in handy during Wayne and Coleen’s recent holiday in Barbados.

Posted by Ryan Harrison
0121 237 3950
rharrison@brownejacobson.com