Robyn Rihanna Fenty v Arcadia Group Brands Ltd, Court of Appeal
Rihanna has succeeded in defeating Arcadia’s appeal to the Court of Appeal over a High Court ruling that Arcadia’s Topshop stores had been passing off by including a picture of the pop star on their t-shirts. To succeed in passing off, a claimant has to show that they have goodwill, the other person makes a misrepresentation calculated to deceive and damage the goodwill. In using a photo of her from her official album and in having promoted their previously close relationship together, Arcadia had crossed that line. The star was suing for £3m in damages.
Paul Gershlick, a Partner at Matthew Arnold & Baldwin LLP, comments: “It is not common for celebrities to be able to successfully stop merchandise featuring their image and claim image rights. A significant number of customers must somehow believe there is a connection and therefore an endorsement by the celebrity. Given the history between Rihanna and the store, that was established here.”
