The Supreme Court (SCJN) ruled that Diageo Mexico must compensate actor Gael García Bernal for at least 40% of Johnnie Walker sales.
Diageo is the largest liquor distributor in the world, and owns Don Julio, Buchanans Tanqueray, Zacapa, Zacapa, Zacapa, and Smirnoff brands.
The company was sued for distributing ad campaigns featuring Giants in 2011, 2012 and 2012. In these ads, Diageo used without permission the image of him and his families.
The First Chamber of the Court unanimously found that García Bernal is entitled to compensation under Article 216 bis of the Federal Copyright Act, which ordered:
“Repair of material and/or mental damage, as well as compensation for damage caused by violation of the rights granted by this law, shall in no case be less than 40% of the original product or supply’s sales price to the public, implying violation of the protection of this law One or part of the rights to the originality of any type of service”.
The January 2013 judgment of the collegiate circuit court was overturned by the court. Accordingly, this article does not apply in this case. Instead, compensation must be calculated according to the Civil Code’s general rule of non-pecuniary injury.
To calculate compensation, the lower court will receive the document. The lawsuit was filed in September 2013.