We previously reported
here that the sale of t-shirts bearing an image of the pop star
Rihanna, without her approval, by high street fashion retailer
Topshop had been held by the English High Court in July to
constitute passing off. The judgment was a milestone, as it was the
first time that a celebrity had succeeded in the UK in a passing
off case in relation to the use of his or her image on items of
clothing.
Following on from that judgment, the High Court has now issued a
permanent injunction that prohibits Topshop from any similarly
unlawful use of Rihanna's image in the future. The court also
ordered Topshop to pay Rihanna's £919,000 costs (subject
to a reduction in respect of certain inadmissible pre-trial
applications made by Rihanna), a sum which it admitted was
"startling" in light of the original estimate of costs of
around £308,000.
Damages are yet to be assessed by the court, but it is likely that
the sum will be based on the notional licence fee that Topshop
would have had to pay to Rihanna in return for her permission to
use the image on the garment in the way that it did. Considering
Rihanna's celebrity, the amount of such notional fee could be
substantial.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
