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

Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article