Bar Refaeli wins copyright infringement case against Samsung importer

Judge Avi Zamir ordered Ilan Ben-Dov's Suny to pay Bar Refaeli NIS 400,000 in compensation and NIS 150,000 in court costs.

Bar Refaeli has won her lawsuit against Ilan Ben-Dov. The Tel Aviv District Court today partly ruled in her favor against Samsung importer Suny Electronics Ltd. (TASE: SUNY), which Ben-Dov controls, over live online broadcasts of her for a 2006 ad campaign for Samsung, which were aired without her knowledge.

Judge Avi Zamir ordered Suny to pay Bar Refaeli NIS 400,000 in compensation for breach of her rights in the filming of her without her knowledge, and NIS 150,000 in court costs. He dismissed Suny's counterclaim for libel against Bar Refaeli for writing to Samsung Electronics Co. Ltd. (KSX: 5930; LSE: SMSN) in Korea. However, he also dismissed Refaeli's personal claim against marketing consultant Avi Zeitan.

"The image of models, their voices, bodies, and names are their personal assets, and no one has the right to use them for commercial purposes without their consent and without compensation," wrote Judge Zamir in his ruling. "These assets have the right to be protected. Every model, male or female, even if they chose to reveal themselves in an advertisement, even the broadest and most exposing, in any media, has the right not to have use made of these private assets beyond what was agreed, and without their explicit consent."

Judge Zamir added, "Even deviations from existing agreements over the extent of the permitted use of these assets, damage them, damage that justifies financial compensation."

Published by Globes [online], Israel business news - www.globes-online.com - on October 16, 2013

© Copyright of Globes Publisher Itonut (1983) Ltd. 2013

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