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Athans v Canadian Adventure Camps Ltd
, is an appropriation of personality case in Canada, which recognized the right of exclusive right to market one's personality.
==Facts==
Canadian Adventure Camps Limited ("CAC") operated a summer camp for children. In 1975, the camp opened for its first season on a commercial basis, featuring water-skiing as part of its programme. For promotional purposes, it published a brochure and an advertisement containing a graphic representation of a water-skier.
Athans was a professional athlete who was known for his prowess in water-skiing, both in Canada and internationally, and he promoted his image, expertise, and personality commercially. He claimed that the image in the brochure was identifiable with him, and was used for commercial purposes without his consent. The drawings used in the brochure and the advertisement were based upon a photograph of the plaintiff in the act of water-skiing, and were made by the second defendant, Ideas Diversified Limited ("IDL"), which prepared the promotional material for CAC.
The plaintiff claimed against both defendants damages for passing off and for wrongful appropriation of the plaintiff's personality; and, in the alternative, compensation for use of his image and personality. The defendants stated that prospective customers seeing the drawings could not recognize them as the plaintiff, and would not associate the plaintiff with the camp; that no passing off was intended or accomplished and that, in any event, the plaintiff suffered no injury or damage as a result.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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