Pääkkönen lost the dispute against Lähde oy, which sells The Other Danish Guy underwear, regarding the unauthorized use of his images, voice and name. He received a bill of about 100,000 euros from the dispute.
Actor Jasper Pääkkönen lost his compensation dispute against Lähde oy, which sells The Other Danish Guy underwear, for the unauthorized use of his images, voice and name.
On Tuesday, the Helsinki District Court rejected Pääkkönen’s lawsuit, which concerned the return of an unjustified benefit.
Instead, the court ordered Pääkkönen to compensate Lähde & Co Oy’s litigation and litigation expenses for a total of around 100,000 euros.
The lawsuit was about the fact that, according to Pääkkönen, Lähde & Co had used Pääkkönen’s name, voice and image without Pääkkönen’s consent for commercial purposes in television, radio and internet advertising published on Sanoma Media Finland’s channels in August 2021.
Therefore, according to Pääkkönen, the company would have been obliged to pay Pääkkönen compensation in return for an unjustified benefit. The court saw the matter differently.
The company carried out its marketing in the form of the so-called Peoplehood series, in which different people were invited to be interviewed. At the same time, photos and a video were taken of them dressed in underwear.
In accordance with the cooperation agreement between it and Sanoma Media Finland, commercials made from episodes of the series have been shown on Sanoma’s various media channels in addition to the company’s website.
District court considered it settled that Pääkkönen had agreed to the podcast filming of the series Peoplehood filmed in June 2021 and thus to the production of marketing material for the company’s marketing.
According to the so-called brand ambassador agreement that was in force at the time, Pääkkönen had personally committed to marketing cooperation with the company, the court states.
“By signing the brand ambassador contract, Pääkkönen has agreed to give his face to Lähti’s marketing and that he can be associated with Lähti’s products,” the court ruled.
“In addition to his partner position, Pääkkö has had direct contact with Lähti’s management and, if he so wished, he has had clearly better opportunities to obtain information about Lähti-related issues than a contracting partner who is completely outside the company,” it continued.
Pääkkönen’s company had billed the company for a monthly marketing fee during the four-year so-called contract. According to the law, the goal of all Pääkkönen’s obligations agreed in the contract has been to increase the company’s brand awareness and sales.
Some of the court documents are secret, such as the amount of the monthly compensation Pääkkönen receives.
Pääkkönen had not presented any restrictions on the company’s right to use the marketing material it had received in connection with the contract negotiations regarding this contract or in any other way before the filming, the court found.
With these based on the grounds, the district court held that the company had the right to use the marketing material produced in Pääkkösen in June 2021 to the usual extent in accordance with the cooperation agreement between the company and Sanoma Media Finland.
Therefore, according to the court, it was not an unjustified advantage received by Lähde & Co Oy.
Pääkkönen told the court, among other things, how he was confused and half in a state of shock after seeing a TV commercial in which he was during the commercial break of the James Bond movie.
He said he felt betrayed and grossly exploited when the ads just kept coming, and they came about 80 a day. At that time, he had also demanded that the entire advertising campaign be stopped.
Pääkkönen according to him, it was completely absurd that he would have ever agreed to an interview if it had been hinted that a TV advertising campaign was being made about it. People he knew from the entertainment industry called him, asking if everything was fine and how he had agreed to the ads in question.
The company’s CEO Tommi Lähde told the court that it didn’t even occur to him that Pääkkönen would be treated like everyone else who made a similar contract.
He stated that Pääkkönen knew what kind of company he would become a partner in and had seen the company’s advertisements and knew what style of speech was used in the advertisements.
The court considered that the brand ambassador agreement did not limit the scope of the right to use the marketing material. Pääkkönen has also not demanded such when signing the contract or before participating in the filming.
Thus, Lähti had a justified reason to trust that the right to use the marketing material extends to conventional marketing, including television, radio and internet advertising, the court pointed out.
The judgment is not yet final.
Helsingin Sanomat is part of the Sanoma Group.
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