Pacific Dunlop Limited v Hogan

Pacific Dunlop Limited sought special leave to appeal to the High Court of Australia from a decision of the Full Federal Court concerning character merchandising. The dispute arose from a television advertisement created by Pacific Dunlop which, while not infringing copyright or using the likeness of actor Paul Hogan, was a parody of a scene from the film *Crocodile Dundee*. The advertisement relied on its resemblance to the film to attract viewer attention.

The central legal issue before the High Court was whether individuals associated with a particular character, such as the actor who portrayed them, possess a right to prevent others from using that character in advertisements without permission or payment, even in the absence of established rights like copyright or trademark. This question was framed as arising in a "sharp form" due to the trial judge's findings that no such background right was infringed.

The High Court considered the nature of character merchandising, where rights in characters are often licensed for reward. It was noted that such rights have traditionally been based on identifiable legal rights like copyright or trademark, or the licensing of an individual's services. The Court was asked to determine if a right could exist independently of these established categories, based solely on the use of a character's recognisable attributes to attract attention in advertising. The case involved a consideration of how such a right might be constructed, with reference to different judicial approaches in related matters.