Rihanna's passing-off claim against Topshop succeeds
The High Court has held that sales of T-shirts bearing a photograph of the popstar Rihanna, without her approval, constituted passing off.
The case centred on the sale by Topshop of T-shirts bearing an image of the popstar Rihanna. Topshop had a licence from the photographer to use the image but did not have permission from Rihanna herself. Rihanna argued that the sales of the T-shirts without her consent constituted passing off. She maintained that the sales would be damaging to her goodwill, particularly given her associations with the fashion world.
The case was not about image rights — a concept not recognised in any distinct, free-standing way in English law — nor was it about privacy or about copyright. It was solely about passing off and the three elements needed to substantiate a claim for passing off, namely: a goodwill or reputation attached to the relevant goods or services; a misrepresentation by the defendant to the public (whether or not intentional) leading, or likely to lead, the public to believe that the goods or services offered by him are those of the claimant; and damage to the claimant, arising from the erroneous belief that the source of the defendant’s goods or services is the same as those offered by the claimant…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court case of Jarden Solutions (Europe) Ltd v SEB SA concerned a dispute about deep fat fryers.
In order to be capable of registration under the Community Designs Regulation, a design must be ‘new’ and have ‘individual character’.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents