Rihanna & ors v Topshop & ors [2015] EWCA Civ 3
This was the trial and subsequent appeal of a complaint made by the world famous singer, Rihanna, that Topshop had infringed her rights by selling a t-shirt with her image on it and that this constituted an act of passing off. There was no claim in copyright because the photo on the t-shirt was taken by an independent photographer, and he had licensed his copyright to Topshop. This matter has gained much media attention both because of the parties involved and because the claim itself was framed so as to cover any image of Rihanna.
At trial, the claimants restricted their claim to a particular complaint about the image used on t-shirt, saying that it reflected particular promotional images from Rihanna’s Talk that Talk album. They succeeded on that narrower basis. The Court of Appeal has now upheld the first instance judgment, finding that, with all the particular factors of the case, the sale by Topshop of the t-shirt did amount to passing off.
Hugo Cuddigan acted for Topshop.