On Monday, Bieber posted to Instagram Stories that he hadn’t approved any of the H&M collection, posting “All without my permission and approval [SMH] I wouldn’t buy it if I were you.”
He later posted to his 270 million Instagram followers: “H&M merch they made of me is trash and I didn’t approve it. Don’t buy it.”
The Swedish fast-fashion chain countered that claim on Monday, telling WWD that “as with other licensed products and partnerships, H&M followed proper approval and procedures.” At that time, the company said the merchandise would remain on sale but said “we need to look into this more to understand, before we take action.”
By Tuesday, however, H&M had changed its tune a bit. In a statement, the retailer reiterated Bieber’s involvement, but noted that the designs are no longer being sold. A company spokesperson told WWD Wednesday, “As mentioned in our previous statement, H&M has followed proper approval procedures. Out of respect for the collaboration and Justin Bieber, we have removed the garments from our stores and online.”
Bieber’s image was featured on a dress, sweatshirt, T-shirt and tote bag. A phone case and one $40 hoodie were imprinted with “I miss you more than life” — a reference to the lyrics from his song, “Ghost.”
The alliance was not a one-hit wonder for the Grammy winner and the Swedish retail behemoth. The two parties had teamed up back in 2017 for a “Stadium Tour” collaboration, after Bieber had canceled the last leg of his “Purpose” tour dates. The assortment consisted of hoodies, T-shirts with graphic designs, bomber jackets and sweatpants that were reminiscent of his official tour merchandise.
Given their social media reach, global superstars like Bieber have the influence to sway millions of consumers toward or away from a brand. In the past few years, select incidents have led to legal action, including a lawsuit that Ariana Grande brought against Forever 21 in 2019.
The country or region in which the agreement was filed is critical as the laws of copyrights, trademarks, design rights and image rights vary or in some cases don’t exist, according to Stephen Sidkin, partner at Fox Williams LLP and chair of its fashion law group. Citing Rihanna’s 2015 legal action against Topshop [for the use of her image on a T-shirt without her permission], he said that was successful in broad terms, but maybe not to the extent that she had anticipated.
From his view, the worst-case scenario would be for Bieber and H&M to wind up in court, because the litigation would likely to become public record and could potentially impact whether other brands choose to work with them.
While having a well-drafted agreement is one thing, “properly policing, monitoring or enforcing that agreement” is another matter, Sidkin said. All in all, wherever possible parties that can protect their intellectual property by registration, “they should grab it with both hands,” Sidkin said.
Another attorney Danielle Garno, a partner at Holland & Knight, who has worked with talent and brands in similar collaborative deals, said brands looking to avoid similar situations like this one, which could have been great publicity, really need to understand which approvals they are giving to the talent, as well as following the contract. “If you can, it’s always good to give them a sample. Approval is always a battle between brands and talent, because you don’t want talent standing in the way of marketing and getting things out into the market,” Garno said.
A common mistake with collaborations is the rush to get the product into the market, she said. “I would caution brands to make sure the product looks like and is aligned with the aesthetic and quality of what you are trying to put out there and what the talent bargained for. It’s one thing to see a tear sheet or something on the screen. It’s another thing to see it in real life. It’s really a quality control issue.”
The H&M spokesperson did not respond immediately as to whether the retailer is considering or has taken any legal action against the 28-year-old musician. A representative for Bieber did not respond immediately Wednesday to a request for comment regarding any potential legal action against H&M.
He and his wife Hailey have an abundance of endorsement deals and business ventures, including her recent launch of Rhode Beauty.
From his view, the worst-case scenario would be for Bieber and H&M to wind up in court, because the litigation would likely to become public record and could potentially impact whether other brands choose to work with them.
While having a well-drafted agreement is one thing, “properly policing, monitoring or enforcing that agreement” is another matter, Sidkin said. All in all, wherever possible parties that can protect their intellectual property by registration, “they should grab it with both hands,” Sidkin said.
Another attorney Danielle Garno, a partner at Holland & Knight, who has worked with talent and brands in similar collaborative deals, said brands looking to avoid similar situations like this one, which could have been great publicity, really need to understand which approvals they are giving to the talent, as well as following the contract. “If you can, it’s always good to give them a sample. Approval is always a battle between brands and talent, because you don’t want talent standing in the way of marketing and getting things out into the market,” Garno said.
A common mistake with collaborations is the rush to get the product into the market, she said. “I would caution brands to make sure the product looks like and is aligned with the aesthetic and quality of what you are trying to put out there and what the talent bargained for. It’s one thing to see a tear sheet or something on the screen. It’s another thing to see it in real life. It’s really a quality control issue.”
The H&M spokesperson did not respond immediately as to whether the retailer is considering or has taken any legal action against the 28-year-old musician. A representative for Bieber did not respond immediately Wednesday to a request for comment regarding any potential legal action against H&M.
He and his wife Hailey have an abundance of endorsement deals and business ventures, including her recent launch of Rhode Beauty.
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