Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 3 (22 January 2015)

Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 3 (22 January 2015)

The sale by Topshop of the t-shirt bearing Rihanna's image, in the particular circumstances of her public association with fashion and with Topshop, amounted to a misrepresentation that the t-shirt was authorised or endorsed by Rihanna, likely to deceive a substantial number of consumers and cause damage to her goodwill. This constituted passing off, even though English law does not recognise a general image right.

Citation
[2015] EWCA Civ 3
Parties
Claimant/respondent: Robyn Rihanna Fenty; Claimant/respondent: Roraj Trade LLC; Claimant/respondent: Combermere Entertainment Properties, LLC; Defendant/appellant: Arcadia Group Brands Limited; Defendant/appellant: Topshop/Topman Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Passing Off, False Endorsement, Character Merchandising, Image Rights, Goodwill, Misrepresentation
Intellectual Property Tort Passing Off False Endorsement Character Merchandising Image Rights Goodwill Misrepresentation

Case Brief

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Parties

Robyn Rihanna Fenty

Claimant/respondent

Roraj Trade LLC

Claimant/respondent

Combermere Entertainment Properties, LLC

Claimant/respondent

Arcadia Group Brands Limited

Defendant/appellant

Topshop/Topman Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the sale by Topshop of a t-shirt bearing Rihanna's image amounted to passing off by false endorsement.
  2. 2 Whether English law recognises an image right or character right for celebrities.
  3. 3 Whether the use of Rihanna's image on the t-shirt constituted a misrepresentation likely to deceive consumers into believing the product was endorsed by her.

Ratio Decidendi

The sale by Topshop of the t-shirt bearing Rihanna's image, in the particular circumstances of her public association with fashion and with Topshop, amounted to a misrepresentation that the t-shirt was authorised or endorsed by Rihanna, likely to deceive a substantial number of consumers and cause damage to her goodwill. This constituted passing off, even though English law does not recognise a general image right.

Court Disposition

Appeal dismissed

Orders

  • Injunction prohibiting Topshop from dealing in the t-shirt without clearly informing purchasers it is not approved or authorised by Rihanna.
  • Permission to appeal against the High Court's pre-trial evidentiary ruling refused.