Yes to Audrey Hepburn's name for ballet flats created by Ferragamo

The ballerinas created by Ferragamo, can be associated with the name and image of the Belgian actress Audrey Hepburn. The profit motive, in advertising a product, does not exclude, in fact, the reproduction of the image or name of a famous person, if there is also an informative intent. And in this specific case the models had been created in '59 by the Tuscan designer for an actress who had become a symbol of elegance over time. On the basis of this principle, the Court of Cassation rejected the appeal by Audrey Hepburn's children, Luca Dotti and Sean Hepburn Ferrer, who were claiming damages from Salvatore Ferragamo Spa for the unauthorised use of the name Audrey Hepburn, as well as for counterfeiting the registered trademark "Audrey Hepburn". Illicit acts carried out through the presentation to the public, for commercial purposes, of three pairs of shoes: the "Ballerina Audrey", the "Sandalo Gondoletta" and the "Ballerina Idra", with which the name was associated. Conduct that the judges were asked to prohibit.

The Supreme Court, however, emphasises the informative and cultural purposes as a justification for the unlawfulness of the unauthorised reproduction of the image. Otherwise, the judges explain, 'it would mean reaching the unacceptable conclusion, as contrary to the spirit of the legislator, of a substantial compression of the right to information, which would be reserved only for non-profit initiatives and, therefore, for initiatives implemented by public bodies or private individuals who intend to engage in charitable activities'. Instead, the correct approach lies in balancing the interests at stake and assessing the combination of informational and commercial use. Leaving open the possibility that the informational interest prevails over the advertising interest, determining the lawfulness of the use.

For the Court of Cassation, this is what happened in the case examined, with some distinctions. For the 'Audrey Dancer', as ascertained by the Court of Appeal, the use of the name Audrey by Ferragamo s.p.a. had been the subject of a 'pact' between the company and the Audrey Hepburn Children's Fund the charitable foundation created in 1994 by Audrey Hepburn's children.

A contract concluded in 2000, on the occasion of the exhibition organised in Japan, it was agreed that Ferragamo s.p.a. could continue to sell, even after the expiry of the licence to use Audrey Hepburn's name and portrait for advertising purposes, the products covered by the contract, including the ballerina called "Audrey", under their trade name. For the other two shoes, the name Audrey Hepburn appeared in the product description on the Ferragamo s.p.a. website. The sandal "Gondoletta" referred to a model worn by Audrey Hepburn". While the "Ira" ballerina created in '59 by Salvatore Ferragamo is one of the numerous models invented by the Tuscan designer for the actress. Therefore, despite the absence of an agreement between the parties, on the use of the name Audrey Hepburn, the judges considered the essentially informative function prevailing, "related to the need to indicate the prestigious origin of the footwear and the context in which it was made". This, while not denying the "purely commercial connotation".