Pop superstar Rihanna
today won a High Court fight with clothing giant Topshop over a T-shirt
they sold with her face on it in a case that could be worth £3million.
The singer claimed the
‘unendorsed’ white T-shirt with a photograph of her in a bra top may
have damaged her image because fans could have thought it was genuine
merchandise.
The Barbadian star, who
sued under her real name Robyn Rihanna Fenty, claimed she is entitled to
damages from Arcadia Group Brands Ltd, which operates Topshop, over the
unauthorised use of her picture.
Topshop disputed her
claim but Judge Mr Justice Birss ruled in her favour today after a
hearing in London, but will decide on damages at a later date.
Justice Birss said Topshop's sale of a Rihanna T-shirt at the centre of the dispute was an act of 'passing off'.
But he said the 'mere sale' of a T-shirt bearing the image of a famous person was not necessarily an act of 'passing off'.
'A substantial number of
purchasers are likely to (have been) deceived into buying (the) T-shirt
because of a false belief that it has been authorised by Rihanna,' he
said.
The judge said that was
damaging to her 'goodwill' and represented a loss of control over her
reputation in the 'fashion sphere'.
He said it was for the singer not Topshop to choose what garments the public thought were endorsed by her.
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