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Rihanna has won a legal battle against fashion chain Topshop over a T-shirt bearing her image.
The Court of Appeal in London upheld a ban on the store selling a sleeveless T-shirt featuring a photo of Rihanna without obtaining her permission.
In the first successful celebrity case of its kind, three appeal judges agreed marketing the item without Rihanna’s approval amounted to “passing off”.
“Passing off” refers to the unauthorized used of a personal image.
Rihanna sued Topshop’s parent company Arcadia for $5 million back in 2013 over the T-shirts, which featured a photo taken during a video shoot in 2011.
In his ruling in July 2013, the judge found some buyers would have been deceived into buying the top because of a “false belief” it had been approved by Rihanna.
He said it was damaging to her “goodwill” and represented a loss of control over Rihanna’s reputation in the “fashion sphere”.
Topshop lawyers had urged the appeal judges to rule that previous judge had misunderstood the law on celebrity merchandising.
They argued the court was dealing with a “decorated T-shirt” similar to merchandise featuring images of stars such as Elvis Presley, Jimi Hendrix and Prince.
They also suggested Rihanna was using the law wrongly to claim “only a celebrity may ever market his or her own character”.
Topshop lawyers had previously argued there was “no intention to create an appearance of an endorsement or promotion”.
All three judges unanimously dismissed the appeal.
However, Rihanna’s victory does not necessarily pave the way for other celebrities to sue companies who use their image without permission.
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Rihanna has won a legal battle with British clothing retailer Topshop over a T-shirt bearing her image.
Rihanna, 25, sued Topshop’s parent company Arcadia for $5 million over the T-shirts, which featured a photo taken during a video shoot in 2011.
The singer’s lawyers told the High Court in London the fashion chain duped fans and may have damaged her reputation.
They said the picture was “very similar” to images used on CD sleeves for one of her albums.
Judge Colin Birss ruled that a “substantial number” of buyers were likely to have been deceived into buying the T-shirt because of a “false belief” it had been approved by Rihanna.
He said it was damaging to her “goodwill” and represented a loss of control over Rihanna’s reputation in the “fashion sphere”.
Topshop’s lawyers had claimed Rihanna was making an unjustifiable bid to establish a “free standing image right” over use of her picture in the UK.
Rihanna sued Topshop for $5 million over the T-shirts, which featured a photo taken during a video shoot in 2011
The photograph used by Topshop had been taken during filming of a music video in Northern Ireland in 2011.
In a two-minute judgment, Justice Colin Birss said there was “no such thing as a general right by a famous person to control the reproduction of their image”.
“The taking of the photograph is not suggested to have breached Rihanna’s privacy,” he continued.
“The mere sale by a trader of a T-shirt bearing an image of a famous person is not an act of passing off.
“However, I find that Topshop’s sale of this T-shirt was an act of passing off.”
Justice Colin Birss did not make an assessment of any liable damages in his ruling.
Topshop said it was “surprised, disappointed and perplexed” by the High Court decision.
“There was no intention to create an appearance of an endorsement or promotion,” it said.
“We feel that the fact that Rihanna has shopped, worn and had a relationship with Topshop for several years appears to have been detrimental to our case.”
Rihanna has her own fashion line at River Island. Her first collection for the fashion retailer went on sale in spring 2013.
Rihanna says she will sue Topshop after claiming they sold T-shirts with her face on it without asking permission.
Rihanna’s team is said to have told the British high street clothing chain run by billionaire Sir Philip Green to stop selling them, and is reported to be asking for $5 million in compensation at the High Court.
The legal threat comes despite Rihanna having dined with Sir Philip Green and music mogul Simon Cowell while on her Christmas break to Barbados in 2010.
Rihanna, who last year signed a deal worth a rumored $1,250,000 to design a range with High Street rival River Island, tweeted about the Boxing Day meal they had together, saying: “Just had dinner w/ Simon Cowell Philip Green @ Sandy Lane! Great night!”
The singer has also spent time with Sir Philip Green’s daughter Chloe while holidaying at the same time in the Caribbean two years ago.
It was even rumored Rihanna, 25, might follow in the footsteps of Kate Moss and design a range for Topshop, but the two parties could now face each other in court.
Last year Topshop released a T-shirt featuring a picture of Rihanna from her We Found Love music video, which sold out quickly afterwards
Last year Topshop released a T-shirt featuring a picture of Rihanna from her We Found Love music video, which sold out quickly afterwards.
It is understood this is the garment at the centre of the row.
In Britain companies could argue that by buying the image from the photographer, they do not have to pay licensing fees to the star pictured.
A source close to Rihana said she was offered a small sum of cash and Topshop told her management “we do what we want”, according to Page Six.
“Rihanna’s management asked Topshop a number of times to stop selling her image,” the source said.
“What is most offensive for Rihanna is that they basically told her, <<Go to hell. We don’t care; we are going to continue selling you>>.
“Even though the UK laws don’t protect the artist, she has decided to move forward and sue Topshop. She has spent almost $1 million in litigation at this point. She says it’s the principle, and wants to make a statement about it. They are taking advantage of artists. It is just exploitation. What they are doing is wrong.”
Topshop is a British retail powerhouse which is trying to expand in America, setting up stores in New York.
A company source said: “This issue is related to a T-shirt provided to Topshop by a third party supplier.
“We have been informed that the claimants documents do not mention any specific level of financial damages so any numbers referenced are fictitious.”
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Ashton Kutcher’s T-shirt brand has released this week its summer 2013 collection with a tunnel-vision focus on quality and craftsmanship.
Ashton Kutcher, 35, is in the T-shirt business since last year when he launched his online-only label of luxury basics, Pickwick & Weller.
The actor told Elle.com: “T-shirts are the uniform of this generation. If you are going to wear something every day, it should be the best. Our aim is to make the best T-shirts on earth.
“We want a product that people want to live in. Your best T-shirt should be like your bed, it just feels like you are home when you are in it.”
Ashton Kutcher is a co-founder of the Los Angeles-based brand (named after the Charles Dickens novel, The Pickwick Papers) along with Ryan Donahue and Matt Rowe, who started the project in early 2012.
Ashton Kutcher’s T-shirt brand, Pickwick and Weller, has released its summer 2013 collection
At no cost, Pickwick and Weller allows customers to try on different styles, colors and sizes at home via a Home Fit Kit, where you have five days to make your decision, keep what you want, and send the rest back for free.
Ashton Kutcher explained: “Our edge is in providing a great product at a great price that you can get without leaving your living room, and backing all that up with world-class customer service.”
Prices range from $26 for a T-shirt to more expensive $79 for a long-sleeve top.
“I think we live in a prove-it-to-me world. In e-commerce, your prices have to be better because the consumer has to take a leap of faith in your product,” the actor said.
Ashton Kutcher said he is “involved with the design standard creation”, adding: “The true designers are the consumers – we just provide the palette.”
According to the Pickwick & Weller’s website, all cotton is sourced locally in California, and no manufacturing is done off-shore.
Ashton Kutcher said: “We build our technology in America, we sell our product in America, and we make our product in America.
“I think the quality of our product and brand reflects the spirit of America through and through. Our consumers don’t cut corners and neither do we.”
Bouchra Bagour has gone on trial in southern France for sending her 3-year-old son to nursery school wearing a T-shirt reading “I am a bomb” and “Born on September 11”.
Bouchra Bagour, 35, was reported to police by the teacher last September, and charged with “glorifying crime”.
At the start of her trial in Avignon, Bouchra Bagour denied defending terrorism.
Bouchra Bagour’s brother – who gave the T-shirt to her three-year-old son named Jihad – is a co-defendant in the case and also denies the charge.
The T-shirt, which the boy wore to school in Sorgues near Avignon on September 24, read “I am a bomb” on the front and “Jihad, born on September 11” on the back.
On Wednesday Bouchra Bagour told the court she had put it on him “without stopping to think about it”.
Bouchra Bagour has gone on trial in southern France for sending her 3-year-old son to nursery school wearing a T-shirt reading I am a bomb and Born on September 11
She insisted it was not meant as a provocation and stressed that her son had been born on September 11.
Zeyad Bagour said he had never sought to defend any cause by buying the T-shirt.
“It’s the day his birth I wanted to highlight, not the year,” he told the court.
The prosecution argued that the defendants had shown no regret.
“Who can claim that this is not an direct and scandalous allusion to terrorism?” a prosecutor asked.
He called for a fine of 1,000 euros ($1,300) against Bouchra Bagour and 3,000 euros for her brother.
The trail has been adjourned until next month.
Following the news of Tom Cruise and Katie Holmes split, Team Tom and Team Katie T-shirts are already up for sale on the internet.
Websites offering apparel paying tribute to troubled TomKat sprung up immediately after the divorce announcement.
A pink Team Katie T-shirt is selling for $12.90 but does not mention Mrs. Cruise by name instead featuring the tagline “Show your support for Katies with our Team Katie T-shirt”.
Following the news of Katie Holmes and Tom Cruise split, Team Katie T-shirts are already up for sale
A similar design is available for Team Tom supporters for $12.90 at http://350201.spreadshirt.com.
Following the news of Katie Holmes and Tom Cruise split, Team Tom T-shirts are already up for sale
Meanwhile today it was revealed that as her marriage dissolved, Katie Holmes’ every move has been tracked by a team of mystery men.
Unknown people in two cars have been seen tailing Katie Holmes, prompting speculation they are members of the controversial Scientology doctrine.
And it has been claimed this tracking has been going on for weeks – even before Friday’s shock announcement the pair will divorce.
