Fenty & Ors v Arcadia Group Brands Ltd & Anor

Fenty & Ors v Arcadia Group Brands Ltd & Anor

The sale by Topshop of t-shirts bearing Rihanna's image, in the particular circumstances of this case, amounted to passing off because it was likely to lead a substantial number of consumers, especially Rihanna's fans, to believe the t-shirts were authorised or endorsed by her, thereby causing damage to her goodwill.

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 / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Passing Off, False Endorsement, Character Merchandising, Goodwill, Misrepresentation
Intellectual Property Commercial Law Passing Off False Endorsement Character Merchandising 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 / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the sale of t-shirts bearing Rihanna's image by Topshop amounted to passing off
  2. 2 Whether there was a misrepresentation that Rihanna endorsed the t-shirts
  3. 3 Whether Rihanna had goodwill in the relevant market

Ratio Decidendi

The sale by Topshop of t-shirts bearing Rihanna's image, in the particular circumstances of this case, amounted to passing off because it was likely to lead a substantial number of consumers, especially Rihanna's fans, to believe the t-shirts were authorised or endorsed by her, thereby causing damage to her goodwill.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Permission to appeal against the judgment of 5 July 2013 is refused.