Rihanna prevents Topshop bringing her under its 'Umbrella’

By Forbes Solicitors

28 Jan 2015

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.

By John Pickervance, solicitor, business law, Forbes Solicitors.

This is an important judgement 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.

Latest news

1

Rowland acquires seven-acre Farington site at the Lancashire Central strategic development site Rowlands aerial image

Rowland acquires seven-acre Farington site at the Lancashire Central strategic development site

15 Jan 2025

2

Lindsay's Speaking for the county Lindsay Hoyle

Lindsay's Speaking for the county

14 Jan 2025

3

Christmas cheer for Booths Colleagues at Booths

Christmas cheer for Booths

14 Jan 2025

4

Perspex International’s ambitious £40m expansion plans for Darwen site passed Perspex International

Perspex International’s ambitious £40m expansion plans for Darwen site passed

14 Jan 2025

5

Lancashire Tourism Awards hand-crafted by BAE Apprentices Maria Moriarty-Eames, Head of Partnerships at Marketing Lancashire is delighted with progress on the new Lancashire Tourism Awards trophies, created by BAE Apprentices including Sam (left) and Jack (right).

Lancashire Tourism Awards hand-crafted by BAE Apprentices

14 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Tech Connection - January Meet-Up
Nov Preston Tech Connection event banner-4.png.png
LBV Hub Networking
15 Jan 2025 - 15 Jan 2025

Preston Tech Connection - January Meet-Up

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

R.I.S.E. and Shine
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
16 Jan 2025 - 16 Jan 2025

R.I.S.E. and Shine

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

08:45 - 11:00

The Business Network Central & East Lancashire
LBV Hub Networking
16 Jan 2025 - 16 Jan 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

LBV120 Magazine Launch Event
DSC9389
Networking
17 Jan 2025

LBV120 Magazine Launch Event

Lancastrian Suite, Town Hall, Chorley, PR7 1DP

08:30 - 10:30

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

Level 3 Emergency First Aid at Work Course - In Person
LBV Hub Webinar
22 Jan 2025 - 22 Jan 2025

Level 3 Emergency First Aid at Work Course - In Person

RKMS Group , Blackpool, FY42DP

09:30 - 17:00

January Freelancer Meet-Up and Coworking Day
Freelancer Meet-Up Jan general.png.png
LBV Hub Networking
23 Jan 2025 - 23 Jan 2025

January Freelancer Meet-Up and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:00

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin