Topshop has launched an appeal against the ruling that banned it from selling T-shirts bearing a picture of Rihanna.The garments were removed from all Topshop branches after the singer complained that the image may lead her fans to believe that she had endorsed the product, which she had not, and the judge agreed that the use of her image amounted to "passing off" - a common law term used in Britain to enforce unregistered trademark rights.
The two-day case got underway yesterday at the Royal Courts of Justice in London, the Daily Mail reported from court, where a rack of the T-shirts were displayed. The lawyer speaking for the retailer, Geoffrey Hobbs, asserted that Rihanna's legal team had misused the law on passing off to claim that "only a celebrity may ever market his or her own character".
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"Unlike in some other countries, in the UK celebrities have no legal right, as such, to control the use that is made of their image," Mike Gardner, a partner and head of intellectual property and commercial at Wedlake Bell, commented. "But if a product is marketed in such a way as to suggest, incorrectly, that they have endorsed or approved it, then this can amount to illegal passing off."
"Although each case is different, if Topshop fails to overturn the ruling, this may discourage other retailers from selling similar items in the future and may lead other celebrities to take a tougher line in policing their rights," Gardner went on. "But if Topshop is successful, celebrities and their management teams may have to think more about how they can best protect their branding in countries like the UK which do not recognise image rights."
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