118 118 'caricatured' athlete's image – lawsuit expected

London-born Bedford was a successful 5,000m and 10,000m runner. His career peaked in 1973 when he set a world record for the 10,000m in a time of 27 minutes 30.8 seconds. In more than 30 years since that achievement, little more than one minute has been taken off his record.

Bedford complained to the Independent Television Commission last year about the popular series of adverts which feature two runners sporting 1970s' hairstyles and moustaches and wearing distinctive running clothes. He claimed that the adverts were using his image to promote their product.

The Number denied this, claiming that the runners were based on other 1970s' athletes, like US athlete Steve Prefontaine (whose best 10,000m time, set one year before his death in a car crash in 1975, was almost 13 seconds outside Bedford's).

In December last year the ITC upheld Bedford's claim. The Number appealed. The appeal was heard by the Content Board of new regulator Ofcom, which has now replaced the ITC in dealing with television ad complaints.

According to the Ofcom ruling, the Content Board agreed that:

"[The 118 118 Runners] do caricature David Bedford by way of a comically exaggerated representation of him looking like he did in the 1970s, sporting a hairstyle and facial hair like his at the time, and wearing running kit almost identical to the running kit that was distinctively worn by him at the time, including red socks, sky-blue shorts with gold braiding and a vest with 2 hoops."

The Board continued: "The Number concedes that it neither sought nor obtained David Bedford's permission to be caricatured."

The Number had therefore breached a rule of the Advertising Standards Code that states:

"With limited exceptions [none of which apply in this case], living people must not be portrayed, caricatured or referred to in advertisements without their permission."

But the Content Board was not of a mind to take action against the company, pointing out that Bedford had delayed for around six months before complaining about the ad, and that it had "found no evidence that David Bedford had necessarily suffered actual financial harm as a result of the caricature."

The Board therefore decided that a ban on the ads was not appropriate, leaving open the question of any private action that Bedford may take against The Number.

According to a report by The Guardian, David Bedford is planning to take legal action against The Number. In a statement, Bedford, now Race Director of the London Marathon, said: "I am pleased Ofcom has now vindicated my claim that The Number has 'ripped off' my image. I'm not a greedy man and this is not about money. There's a serious principle here."

The image of a celebrity can become a valuable brand in itself. Using that image without permission in a manner that implies product endorsement can be an expensive mistake.

Most recently German goalkeeper Oliver Kahn sued Electronic Arts after the games company used his image without permission in its FIFA World Cup 2002. In April last year a Hamburg court ruled that the game must be withdrawn from sale in Germany, and compensation paid to Kahn.

Racing driver Eddie Irvine has also won damages over unauthorised use of his image – being awarded £25,000 in an action against Talk Radio over a promotional brochure that featured a doctored photograph of him without permission. The picture showed Eddie Irvine holding a radio to his ear with the words Talk Radio on it.

Compare: Pictures of 118 118's runners, David Bedford and Steve Prefontaine