MEXICO CITY.- Actor Gael García Bernal played a prominent role in a lawsuit when the Supreme Court (SCJN) ruled that the company Diageo Mexico must compensate you with at least 40% of the sales of Johnnie Walker whiskey 2011 and 2012.
According to “Reformation” is Diageo of the largest liquor retailers in the world and in Mexico it controls brands like Don Julio, Buchanans, Tanqueray, Zacapa, and Smirnoff.
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The compensation is due to the fact that in the Advertising campaign Walking with Giants 2011 and 2012 The company is using the image of Gael García and his family without permission.
Why should Johnnie Walker pay Gael Garcia?
The First Chamber of the Court unanimously found that the plaintiff is entitled to payment under Article 216 bis of the Federal Copyright Act, which orders:
“The Repair of material and / or moral damage, as well as Compensation In the event of violation of the rights conferred by this law, it shall in no case be less than forty percent of the sale price to the public of the original product or the original provision of any kind of service that implies a violation of one or more of the rights protected by this law “.
Now the file will be forwarded to the lower courts to calculate the compensation.
When did García Bernal’s litigation begin?
“El Universal” recalls that the verdict will come after 7 years, like García Bernal the case began in September 2013.
In 2018 he picked up an Amparo which were reviewed by the ministers of the First Chamber, who determined according to Section 231 of the Federal Copyright Act that the company was responsible and should compensate the actor.
The also producer requests the corresponding compensation in the amount of 40% of earnings obtained from the company between 2011 and 2012.
Although Diaego dealt with an Amparo and later an appeal for an appeal, the court ended the litigation for the second time and fined the Mexican Institute for Industrial Property (IMPI) for the misuse of the image of Gael Garcia.
Gael García Bernal has not yet made up his mind.
Reference from yucatan