Naming Products After Celebrities: Legal Risks For Australian Businesses

Giving a new shade, style or product line a celebrity-inspired name can feel like a brilliant marketing move. A famous name creates instant buzz and can drive clicks and sales.

But in Australia, borrowing a celebrity’s name (or something closely associated with them) without permission can create serious legal headaches. Even if your product is high quality and your intentions are positive, the way consumers perceive the name is what matters most.

In this guide, we’ll unpack when it’s risky (or unlawful) to name products after celebrities, the key laws that apply, safer alternatives, and a practical checklist to follow before you go to market.

What Does “Naming Products After Celebrities” Actually Mean?

We’re talking about using a person’s real name, stage name, nickname or a distinctive signifier linked to them to brand or describe your product or collection. Common examples include:

• Naming a lipstick, sneaker colourway or coffee blend after a public figure.
• Describing an item as a “signature” product that implies it was designed or approved by a celebrity.
• Using a well-known nickname, catchphrase or distinctive moniker on packaging or as the product title.

You don’t have to use someone’s full legal name to run into issues. If the name or phrase clearly points to a particular person, it can still suggest endorsement, sponsorship or approval - and that’s where risk lives.

Is It Legal To Use A Celebrity’s Name On Products In Australia?

Australia doesn’t recognise a single “right of publicity” in the way some other countries do. Instead, a mix of laws protect consumers from misleading endorsements and protect brands (including celebrity brands) from misuse.

In practice, you cannot assume it’s okay. The legal risk turns on how your use would be perceived in the real world:

• Would an average consumer think there’s an endorsement, sponsorship or official connection?
• Are you using or coming close to a registered trade mark?
• Is your branding likely to mislead or deceive consumers?

If the answer to any of those is “yes” or even “maybe”, you should rethink the name or secure permission first. If you’re carving out your own brand instead, it’s worth exploring how to register your trade mark early so you can build and defend it with confidence.

The Main Legal Risks To Watch

Trade Mark Infringement

Many celebrities (or their companies) register their name, signature or nickname as trade marks across multiple classes - think cosmetics, clothing, accessories, lifestyle products and more. If you use a mark that is identical or confusingly similar for related goods, you may infringe their trade mark.

Before you shortlist any celebrity-inspired name, do proper clearance searches. Check for registered and pending marks, common law use and any brand lines associated with that person. Renaming now is far cheaper than rebranding later.

And if you’re investing in a unique product brand of your own, filing to register your trade mark can reduce disputes and help stop copycats.

Misleading Or Deceptive Conduct (Australian Consumer Law)

Under the Australian Consumer Law (ACL), businesses must not engage in conduct that misleads or deceives consumers. If your product name, packaging or online listing implies a celebrity’s involvement when there is none, you risk breaching section 18.

There are also specific rules about false representations - including about sponsorship, approval or affiliation - which can be relevant if your branding suggests endorsement. That sits under section 29.

Regulators and courts take “fake endorsement” seriously. A playful nod can still mislead if the overall impression suggests an official connection.

Passing Off And False Endorsement

Separate from the ACL, the legal action of “passing off” protects a person’s reputation and goodwill. If your branding leads consumers to believe your product is connected with, approved by or originates from a celebrity (when it doesn’t), you could face a passing off claim.

Courts assess the total picture - the product name, packaging, product descriptions, social media captions, hashtags, imagery and even the timing and context of the launch. A small-print disclaimer won’t always cure a misleading dominant impression.

Images, Signatures And Style Elements

Australia doesn’t recognise a general, standalone legal right over a person’s image or likeness. That said, using a celebrity’s photo, signature or stylised likeness in a commercial context can still be risky.

• Copyright: Photographs and artwork are protected by copyright owned by the creator or rights holder. You need an appropriate licence to use them commercially, and licences (including stock licences) may restrict “endorsement” uses.
• Consumer law and passing off: Even if you have a licence to display an image, using it in a way that suggests endorsement or sponsorship can breach the ACL or amount to passing off.
• Moral rights: Creators have moral rights (like the right to be attributed) - relevant if you edit or crop imagery.

Bottom line: you don’t always “need consent” as a matter of a specific image right, but in many marketing scenarios, getting written permission and clear licensing is the safest path to avoid multiple overlapping risks.

Defamation Concerns

If your naming or marketing suggests untrue or negative things about a person, defamation risk can arise. For example, pairing a celebrity’s name with an implication that could harm their reputation is dangerous, even if that implication is subtle.

Other IP And Brand Conflicts

Beyond names and images, keep an eye on catchphrases, handwriting-style logos and design cues that are distinctive of a particular person. These features may be protected by trade marks or copyright, especially when used on products in trade.

Safer Options If You Want The Celebrity Halo

Seek Permission (Licensing, Endorsement Or Collaboration)

The safest route is to obtain written permission. You might negotiate a licensing arrangement or a paid collaboration. If you go down this path, you’ll want an Endorsement Agreement that sets out exactly how you can use the person’s name and image, the approval process for creative, fees, content rights, exclusivity and exit terms.

If creators or talent will appear in photo or video content, secure a Talent Release Form so you have clarity about usage rights, territories and duration.

Where a campaign involves creators rather than traditional celebrities, an Influencer Agreement helps align deliverables, disclosure obligations and IP ownership from the start.

Create Your Own Distinctive Brand

A unique brand is often far more valuable than a risky celebrity reference. It gives you breathing room to scale, expand into new product lines and avoid reputational blowback if the celebrity becomes controversial later.

Once you choose a distinctive name and logo, speak with an intellectual property lawyer about building a protection strategy - including whether to file for trade mark registration in the relevant classes and markets.

Nominative Use Or Parody (Handle With Care)

In limited scenarios, you might reference a person by name descriptively - for example, a factual comparison or compatibility claim. But nominative use is a narrow path. If the overall impression suggests endorsement, you’re back in risk territory.

Parody isn’t a broad defence in Australia. If consumers are likely to be confused, or if you’re using protected marks “as a badge of origin” in trade, the same ACL and trade mark issues can apply.

A Practical Checklist Before You Launch

1) Run Clearance Searches

Search for registered and pending trade marks (including nicknames and stylised signatures), company and business names, domain names and common marketplace listings. Screenshot results and file them for your records. If you uncover a conflict early, pivot your naming before you invest in packaging.

2) Test The Endorsement Risk

Ask yourself how an average consumer would read your brand. Look at your product title, packaging, product images, alt text, web copy, captions, hashtags and creator content. If the overall impression could imply sponsorship or approval, change the naming or seek permission.

3) Map Your ACL Exposure

Review your copy against the ACL. Avoid words and graphics that could imply “official”, “authentic”, “approved by” or “signature” connections unless that’s true and documented. This is where a quick legal review can help you avoid misleading or deceptive conduct and reduce false representation risk.

4) Get Permission If You Need It

If the reference is important to your campaign, formalise it. Negotiate the scope (where and how the name appears, creative approval timelines, channels and territories), document it in an Endorsement Agreement, and make sure all required image and music licences are in place.

5) Protect Your Own Brand Assets

As soon as you settle on distinctive names and logos, explore filing to register your trade mark for the relevant classes. It’s an investment in brand value and an effective deterrent against lookalikes.

6) Tighten Your Online Store Basics

Make sure your online store has clear Website Terms and Conditions that set out sales terms, disclaimers, user conduct and IP notices. If you collect personal information, assess whether you’re required to publish a Privacy Policy under the Privacy Act 1988 (Cth) (for example, if you are an APP entity, usually businesses with turnover above $3 million or those that are otherwise caught). Even if you’re exempt, many ecommerce businesses choose to publish a clear Privacy Policy to build trust and set expectations about data handling.

7) Brief And Train Your Team

Give your marketing, design and social teams concrete examples of what’s okay and what crosses the line. If you work with agencies or freelancers, ensure contracts require compliance, approvals for copy and assets, and adherence to any licensing or endorsement terms.

What Legal Documents Help Manage The Risk?

• Trade Mark Registration: Protects your brand name, logo and taglines so you can enforce your rights against copycats - start with an application to register your trade mark in the correct classes.
• Endorsement Agreement: An Endorsement Agreement sets the rules for using a celebrity’s name and image, approvals, fees, exclusivity and how a campaign can end.
• Influencer Agreement: If creators will promote your products, an Influencer Agreement clarifies deliverables, disclosure obligations, IP ownership and brand safety requirements.
• Talent Release Form: A Talent Release Form confirms your right to use a person’s image and voice in content across specified channels, territories and timeframes.
• Website Terms And Conditions: Your online store should include Website Terms and Conditions covering sales terms, disclaimers, returns, IP and acceptable conduct.
• Privacy Policy: If you’re required to under the Privacy Act (or you choose to publish one for transparency), a clear Privacy Policy tells customers what personal information you collect, why and how you handle it.
• IP/Marketing Legal Review: For high-visibility launches, a short review with an intellectual property lawyer can spot red flags early, before you spend on packaging and media buys.

Not every business will need all of these, but most consumer brands will benefit from several. The right mix depends on your products, channels and campaign strategy.

Key FAQs

Can I Use A Celebrity’s First Name Only?

Be careful. If the first name is distinctive and likely to point to a particular person, you can still run into ACL and passing off risk. A common or generic name can be safer, but context matters - look at the overall impression of your product page and packaging.

What If I Add A Disclaimer?

Disclaimers can help, but they don’t cure everything. If the dominant impression still suggests endorsement, a disclaimer may not prevent an ACL or passing off claim.

What If I’m Honouring A Deceased Celebrity?

You may still encounter trade mark conflicts (held by an estate or company) and ACL/passing off risks if your branding implies an official connection. Always run clearance searches and consider permission where the reference is clear.

Can I Reference A Celebrity In The Description Only (Not The Title)?

It’s still risky if that reference implies endorsement or approval. If the mention is purely factual and necessary, risk can be lower - but test the overall impression carefully and consider a legal review for peace of mind.

Key Takeaways

• Australia doesn’t have a single “right of publicity”, but celebrity naming can still trigger trade mark, passing off and Australian Consumer Law issues.
• If your product name or marketing implies endorsement or sponsorship, you risk breaching section 18 and potentially section 29 of the ACL.
• Do clearance searches early. If a celebrity’s name, signature or nickname is registered (or strongly used) for related goods, choose another direction.
• The safest path is permission via a written Endorsement Agreement (and releases for any talent content), with clear approvals and usage rules.
• Building your own distinctive brand reduces confusion, avoids reputational dependency and is easier to protect with trade mark registration.
• If you sell online, baseline documents like Website Terms and Conditions and, where required, a Privacy Policy support compliance and set clear customer expectations.

If you’d like a consultation about using celebrity references in your product names or campaigns, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.