Rihanna wins appeal in passing off case

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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 ros bottom lb

More from across our site

IP litigation lawyers at European firms reveal how they are managing clients’ demands for a streamlined service by collaborating with other functions and practice areas
An injunction concerning head lice treatment, a positive ruling on access to documents, a German firm splitting, and moves involving Finnegan and Morgan Lewis were among the top stories
Chris Sleep, Abion’s new head of litigation and dispute management, will work in the firm’s London office
Sources at four firms explain how changes to USPTO fees provide opportunities to give clients strategic counselling
An intervention by Dyson into the UK’s patent box regime and a report unveiling the major SEP owners were among the big talking points this week
With the threshold for proving copyright infringement by AI tools clearer than ever, 2025 could answer some of the key questions
Partners at Latham & Watkins and Finnegan reveal how they helped explain their client’s technology to a jury
One of Managing IP’s most influential people in IP for 2024, Hurtado Rivas discusses mental health in the profession, the changing role of a trademark lawyer, and what keeps a Nestlé IP counsel busy
Transactions specialist Mathilda Davidson, who has joined from Gowling WLG, says the firm will help clients seeking venture capital investment
Sources in the US, UK, and Australia hope that pressing questions surrounding AI and patent eligibility will finally be answered this year
Gift this article