Why Gael Garcia will keep at least 40% of Johnnie Walker's one-year sales
García Bernal filed a lawsuit against the Diaego México brand in 2013 for the Caminando con Gigantes campaign.
The Supreme Court of Justice of the Nation ruled in favor of actor Gael García who had filed a lawsuit against the whiskey brand Johnnie Walker in which his image was used without his consent.
García Bernal filed a lawsuit against the Diaego México brand in 2013 for the campaign Caminando con Gigantes (2011), which among its images showed some that made reference to the protagonist of Coco and Mozart in the Jungle .
The judicial body determined that the actor could receive more than 40 percent of the sales that were made during that advertising strategy. The actor decided to sue for marketing his image without a prior contract.
In 2018 García Bernal resorted to an injunction that was reviewed by the ministers of the First Chamber, who determined, in accordance with article 231 of the Federal Copyright Law, which establishes violations in trade matters, the use of the image of a person without your authorization. In this way, it determined that the firm was responsible and should compensate the actor.
The Mexican artist asked for compensation equivalent to 40 percent of the profits obtained during the campaign between 2011 and 2012. This is the minimum percentage established by the Copyright Law.
Diaego had filed an amparo, but the court put an end to the litigation for the second time and set a fine of 64 thousand pesos by the Mexican Institute of Industrial Property (IMPI).
Gael García has not commented on the matter on his social networks.