The Supreme Court of Justice of Mexico rejected the company’s last appeal and agreed with the Mexican actors when the judge in charge of the case declared “inadmissible” a challenge to the January 2020 ruling by the Superior Court of Justice of Mexico City favorable to actors.
The alcoholic beverage company was accused of use the image of Gael and Diego, known in Mexico as “Los Charolastras”, in their advertising campaign “Walking with Giants” in 2011.
The verdict of the highest court means that both Luna and García Bernal definitively won the lawsuit for moral damages, Therefore, they should receive compensation that would be equivalent to 40% of their sales during the transmission period of the 22 ads between September 3 and October 6, 2011.
García Bernal, producer and director, winner of the Golden Globe for his performance in the series “Mozart in the Jungle” (2014) and whose films have been nominated six times for the Hollywood Oscar Award, and Luna, Marcello Mastroianni Critics Award Cinematographic to the best cast 2008, for now they have not ruled on this ruling.
The Mexican subsidiary of the British firm Diageo, which produces some of the most famous liquors in the world, such as Smirnoff vodka, Buchanans whiskey, Don Julio tequila and Zacapa rum, fought the case tooth and nail to the last consequences. .
This allowed him to obtain last November the revocation of a January 2021 sentence issued by a court of cassation that established a lower compensation, at least in the case of Gael García.
García Bernal and Diego Luna saw their careers rise meteorically after the film “Dog Loves”, directed by his compatriot Alejandro González Iñárritu, winner of 4 Oscars, as well as the film “And Your Mother Too”, of another famous Mexican Alfonso Cuarón, winner of 2 Oscars.
Both are owners of Canana Films, through which they support the Ambulante festival, a documentary tour, which in 2011 received the Human Rights Award from the Washington Office on Latin American Affairs.
However, this has not prevented the two old friends from following different paths, but always managing to climb higher and higher in various countries, in addition to Hollywood.
Diego Luna, for example, played Cassian Andor in the 2016 film Rogue One: A Star Wars Story from the popular “Star Wars” saga, earning him a Saturn Award nomination for Best Supporting Actor and He recently played capo Miguel Ángel Félix, the “boss of bosses” of the Netflix series “Narcos”.
In turn, Gael García was the protagonist of the Chilean film “No” (2012) and “La Mala Educación”, by Spanish director Pedro Almodóvar, and twice played the Cuban-Argentine guerrilla Ernesto “Che” Guevara in “Diarios de Motorcycle”, by Brazilian director Walter Salles and in the miniseries “Fidel”.
Last year, the American newspaper The New York Times placed the Mexican on its list of the 25 Best Actors of the 21st Century.
Ignacio Castañeda, a lawyer for Diageo, had based his argument on the argument that the copyright law in Mexico “is unconstitutional and creates legal uncertainty.”
Source From: Ambito
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