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

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

Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
Gift this article