Max Verstappen parody, € 350.000,- claim? - advertising and portait rights

In the new Jumbo commercials Max Verstappen is racing from client to client in his Formula 1 car delivering online orders. In less than a day after the launch of this campaign, the online supermarket, Picnic presents a parody. A Max look-alike is driving around at an easy pace making his deliveries. After a short pit stop (where the groceries are being delivered), Max continues his trip trough the Dutch city Amersfoort.

According to the Picnic management it’s merely a comedy.
However, the management of Max Verstappen is not amused , stating that the commercial is an infringement of the image rights of Max. It is irrelevant that the character is obviously just a look/a-like and not the man himself. Max Verstappen has a redeemable popularity (his name, autograph and portrait are registered trademarks), so his management claims a compensation of no less than € 350,000.00. According to Dutch standards this claim is very high, so it is not very likely that the claim will be fully granted. However, it is clear is that the image of Max cannot be treated lightly.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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