Rihanna wins appeal in passing off case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Rihanna wins appeal in passing off case

rihanna-logo-55.jpg

The Court of Appeal has upheld a ruling of the England & Wales High Court that Topshop committed passing off by using Rihanna’s image on t-shirts

Rihanna logo

But the judgment, published on January 22, also made it clear that there is no protection for image rights as such in UK law.

Lord Justice Kitchin said that the claimant in such cases must make his case on the evidence: “He must show that he has a relevant goodwill, that the activities of the defendant amount to a misrepresentation that he has endorsed or approved the goods or services of which he complains, and that these activities have caused or are likely to cause him damage to his goodwill and business.”

The other two judges agreed, though Lord Justice Underhill noted that he regarded this case as “close to the borderline”.

The Court rejected all four grounds on which Topshop challenged the High Court’s 2013 ruling.

Rihanna (whose so-called R slash logo is pictured) was represented by Martin Howe QC, Andrew Norris and Reed Smith. Topshop was represented by Geoffrey Hobbs QC, Hugo Cuddigan and Mishcon de Reya.

More analysis available online from Bird & Bird, Herbert Smith Freehills and King & Wood Mallesons.

more from across site and SHARED ros bottom lb

More from across our site

The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
The firm’s recent IP hire and launch of a new robotics industry group signal an effort to capture work emerging from AI entering the physical world
Another firm sets up shop in Dallas, bringing its patent disputes capabilities to one of the US’s busiest litigation venues
Entrepreneurial IP lawyers are still launching specialist firms, but increasingly with larger teams, broader coverage and greater infrastructure than the boutique model once implied
Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Gift this article