Caleffi’s campaign “The Dream Diamond”, was published in the Italian weekly magazine IO Donna and on their own website. It included an evocative, photographic scene, involving an actress, which according to Audrey Hepburn’s estate recalled her sophisticated image and the well-known opening sequence from the film “Breakfast at Tiffany”, in which Audrey Hepburn looks through the windows of Tiffany’s in New York. The Italian Court concluded that Audrey Hepburn’s image rights had been infringed because the defendant’s “evocative” advertisement, set out to bring the acclaimed actresses’ likeness to the customers mind. The fact that an actress, rather than an image of Audrey Hepburn herself was used did not allow Caleffi off the hook.
This divergence of opinion involving “image rights” between the English and Italian courts is marked and illustrates how judicial opinion and interpretation can differ across international boundaries, albeit still within the EU. Caution should be exercised and local Attorney advice before embarking upon advertising campaigns to ensure that local laws are not contravened.