Bogart vs Burberry

The estate of Humphrey Bogart has filed a lawsuit against British-based clothes company Burberry over use of the film icon’s name in an advertising campaign.

Bogart’s family supports the legal action, filed in Los Angeles, over the claim in online advertising on social platforms including Twitter and Facebook.

They say Burberry advertised globally that Bogart wore a Burberry trench coat in the final scene of Oscar-winning 1942 classic Casablanca, without the permission of the Bogart Estate.

“Just as Burberry needed to obtain Harry Potter actress Emma Watson’s consent before using her name and image to promote Burberry’s brand and products, it needed to obtain permission from the Bogart Estate to use Humphrey Bogart’s name,” said lawyer Michael O. Crain. “Burberry’s business hinges on respect for its own intellectual property rights, so it is quite surprising to see that it apparently has so little respect for the clear rights of others.”

But Burberry counter-sued in New York, saying the photo was licensed from photo agency Corbis for editorial use. It said Burberry first contacted it about the issue on April 10.

The clothing firm said the image was used in the context of a historic “timeline” of the British company, used on Facebook, Twitter and Instagram, showing the development of its “culture, products and people” over the decades.

“Burberry’s use of this photo and description were intended to reflect on the long history, significance and influence of Burberry fashion in society,” said the Burberry lawsuit.

“Burberry’s use of the image... was not directly connected to the sale of any merchandise but rather was a historical positioning of the image within an educational project along with numerous other photographs...”

Stephen Bogart, son of the Hollywood legend, was not convinced, saying: “This is such an incredibly disappointing and disrespectful action by Burberry.”