Azernews.Az

By Bloomberg

Rihanna, the singer known for songs such as “Wait Your Turn” and “Umbrella,” won a lawsuit against Arcadia Group Brands Ltd.’s, Topshop over the sale of t-shirts that featured a 2011 photo of the pop star.

Selling the t-shirt without the singer’s approval amounted to a “passing off” of an unregistered trademark, a three-judge appellate panel in London said today, upholding a decision made in a lower court.

While Arcadia Group, owned by billionaire Philip Green, had a license from the photographer to use the image, it didn’t have one from the singer and Rihanna’s lawyers had argued that customers would have been deceived into thinking that the t- shirt had been approved by her.

“There is a lucrative market for celebrity endorsed goods and provided the public consider the product with a celebrity image is ‘official’ and is authorized by that celebrity, the celebrity will be able to protect use of their image,” said Jeremy Blum, an intellectual property lawyer at law firm Bristows LLP, who wasn’t involved in the litigation,.

Arcadia didn’t immediately comment on today’s ruling. A call and e-mail made to lawyers representing Rihanna weren’t immediately responded to.

The Court of Appeal turned down Arcadia’s request to appeal its decision.

The case is Robyn Rihanna Fenty & ors v. Arcadia Group Brand Ltd., case no. 12-1378, U.K. High Court of Justice, Chancery Division. Rihanna, the singer known for songs such as “Wait Your Turn” and “Umbrella,” won a lawsuit against Arcadia Group Brands Ltd.’s, Topshop over the sale of t-shirts that featured a 2011 photo of the pop star.

Selling the t-shirt without the singer’s approval amounted to a “passing off” of an unregistered trademark, a three-judge appellate panel in London said today, upholding a decision made in a lower court.

While Arcadia Group, owned by billionaire Philip Green, had a license from the photographer to use the image, it didn’t have one from the singer and Rihanna’s lawyers had argued that customers would have been deceived into thinking that the t- shirt had been approved by her.

“There is a lucrative market for celebrity endorsed goods and provided the public consider the product with a celebrity image is ‘official’ and is authorized by that celebrity, the celebrity will be able to protect use of their image,” said Jeremy Blum, an intellectual property lawyer at law firm Bristows LLP, who wasn’t involved in the litigation,.

Arcadia didn’t immediately comment on today’s ruling. A call and e-mail made to lawyers representing Rihanna weren’t immediately responded to.

The Court of Appeal turned down Arcadia’s request to appeal its decision.

The case is Robyn Rihanna Fenty & ors v. Arcadia Group Brand Ltd., case no. 12-1378, U.K. High Court of Justice, Chancery Division.