Rihanna Prevents Topshop from using Image on Clothing Range Without Permission

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In the first successful celebrity case of its kind, the Court of Appeal has ruled against Topshop’s printing of a photo of Rihanna on one of their t-shirts without her permission.  This is an important judgment as it relates to local businesses of all shapes and sizes and should not just be seen as bolstering celebrity rights.

In an important ruling on the use of “image rights” and trademarks in general, three judges unanimously dismissed Topshop’s appeal agreeing that marketing items using Rihanna’s image rights without her approval, amounted to “passing off” and therefore infringed Rihanna’s intellectual property rights.

“Passing Off” refers to the unauthorised use of an image such that an innocent third party may be confused as to its origin. Rihanna’s lawyers said the image was from an unauthorised photograph taken while the star was filming a video in Northern Ireland and its use on the t-shirt gave the impression that Rihanna had endorsed its use. The judges agreed that a substantial number of Rihanna’s fans were likely to be led into the false belief that she had authorised the t-shirt to carry her image.

Whilst the ruling should not be seen as a watershed moment and the specific facts of each case needing to be taken into account to determine whether trademark infringement has taken place, it does demonstrate that businesses have remedies available to them to protect their brand. The Court was very keen to stress that there were specific facts that made Rihanna’s case stronger than normal however and Forbes would always advise that businesses look to register their intellectual property to ensure that it is protected to the greatest extent possible.

For advice and assistance on protecting the intellectual property within your business, contact the Forbes Solicitors’ Business Law Department on 0800 037 4628 or send an email enquiry using our contact form.

UPDATE FROM DISPUTE RESOLUTION

From a emergency litigator’s perspective it is important that this evidence is established quickly and in the first instance it may be necessary to obtain an emergency injunction from the Court to stop any further misrepresentation or confusion in order to limit the exposure and damage.

Manisha Modasia of Forbes’ Dispute Resolution Team specialises in advising her clients on what is necessary to establish crucial evidence in Passing Off claims and can assist in bring Emergency Litigation to stop further harm to goodwill and reputation as well as recovery of damages for any harm suffered.

She can be contacted on 0800 037 4628 or by email manisha.modasia@forbessolicitors.co.uk

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