A Brief History of the Right of Publicity
Statutes & Interactive Map
Articles and Other Resources
Right of Publicity
The leading online Right of Publicity resource.
UK ruling in favor of Rihanna against Topshop's unlicensed shirts featuring her image
August 1, 2013 No Comments »
As previously noted on RightOfPublicity.com, singer Rihanna has been engaged in litigation in the UK against apparel company Topshop for selling shirts prominently featuring her image and officially labeled the "Rihanna Tank."
The article on this link goes to some length discussing whether the UK recognizes "image rights" or whether this shirts rises to the level of passing off or false endorsement. The reason for this distinction, in part, is related to the legal standards in the UK for these kinds of cases. The recent ruling found Topshop guilty of passing off.
Rihanna is suing for $5 million as this article reports. It sounds like while this ruling is in her favor, damages have not yet been assessed. My prediction: settlement is imminent. While settlement is not guaranteed, my experience is that the gamble and expense of pressing on in ligation becomes less and less attractive to a defendant, especially after significant rulings are secured in favor of the plaintiff.
It's always interesting to observe the debate over whether a personality should or should not have a right to take action in response to such unauthorized products. It's hard to imagine a scenario where a product like this, from a company like Topshop, should be permissible without permission of and compensation to the featured personality. I'm glad the UK court seems to agree.
Maybe the UK should look more closely at passing a Right of Publicity or "image rights" law. The notion of "passing off" has worked for Rihanna in this instance, but passing off is not as well-tuned and form-fitting as the Right of Publicity for cases of this nature.
The objective of cashing in on Rihanna's value is apparent and manifest in the product itself. Is there a "greater good" that would be served by allowing a company to appropriate the hard-earned and valuable rights and interests of a personality?
Here's the link to the Guardian's coverage:
http://www.theguardian.com/fashion/shortcuts/2013/jul/31/rihanna-topshop-t-shirt-face
Tags: expert witness, Jonathan Faber, LuminaryGroup.com, passing off, Right of Publicity, Right of Publicity expert, RightofPublicity.com, Rihanna, Rihanna Tank, Topshop, UK, UK court ruling, unlicensed t-shirts, valuation expert
A few thoughts on Forbes' annual top-earning dead celebrities list
RBG and ROP (Right of Publicity and Ruth Bader Ginsburg)
Mel Gibson and Miel Gibson honey
New York State Assembly Bill A560C
Licensing International Executive Voices article
Dr. Fauci doughnuts
Is it okay for Antonio Brown to release a song called "Andrew Luck?"
Jason Mraz lawsuit illustrates important takeaways
Student-athlete legislation & the NCAA's Board of Governors adopting name, image and likeness policies
Larry Bird mural presents interesting scenario for IP analysis
New York's Governor Cuomo signs Right of Publicity legislation (12/1/20)
Friday the 13th trumps Halloween: Forbes annual top-earning dead celebrities list (11/13/20)
Connecticut court confirms Jacques Cousteau transfer of rights to Cousteau Society (10/13/20)
Houston Texans QB Deshaun Watson sued for copyright infringement for posting image of himself on social media (9/18/20)
NY legislature passes Right of Publicity bill, awaits Governor's signature (9/8/20)
Bob Ross Inc. files suit against Rip N Dip (8/27/20)
Mel Gibson issues letter to Miel Gibson maker (8/19/20)
Clint Eastwood takes action against CBD companies (7/23/20)
Pablo Escobar estate files claim against 2Chain's Escobar restaurant (7/1/20)
George Floyd and the Right of Publicity in USA Today (6/15/20)
© RightofPublicity.com | Home | Disclaimer | Contact