Robyn Rihanna Fenty v. Arcadia Group Brands, Ltd. (T/A Topshop)

[2013] EWHC 2310, 2013 WL 387813 (2013)

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Robyn Rihanna Fenty v. Arcadia Group Brands, Ltd. (T/A Topshop)

England and Wales High Court of Justice, Chancery Division, Intellectual Property
[2013] EWHC 2310, 2013 WL 387813 (2013)

Sarah Holley headshot
  • Written by Sarah Holley, JD

Facts

Rihanna (plaintiff) was a famous pop star and fashion icon. Topshop (defendant) was a well-known fashion retailer. Rihanna brought an action against Topshop for passing off after Topshop started selling a t-shirt bearing her image. The image was licensed from an independent photographer who took the original photograph during a video shoot for Rihanna’s single “We Found Love.” Topshop did not request permission or license the use from Rihanna. Rihanna argued that sale of the t-shirt without her permission infringed her rights on the grounds of passing off because there was a strong likelihood that a substantial number of customers would be deceived into thinking Rihanna herself had authorized the image and would purchase the t-shirt because of that mistaken belief.

Rule of Law

Issue

Holding and Reasoning (Birss, J.)

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Casebooks

Entertainment Law

Key Terms

  • GoodwillAn intangible business asset composed of a good reputation with customers, suppliers, and the community at large; good employee morale; the ability to attract customers and clients; good management; and other positive aspects that are difficult to value monetarily but that contribute to the success of a business.
  • Trademark Action—Passing OffPassing off occurs when a party tries to sell its own products as if they were the products of another party, generally by imitating the other party’s trademarks or packaging.
  • False EndorsementIn trademark law, a cause of action against someone who has falsely represented that there is an association between a person and a product.

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