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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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Marc Anthony has dumped Topshop heiress Chloe Green just weeks after she moved to the US, according to claims.
Marc Anthony, 44, reportedly told Chloe Green their romance was over and the designer, who at 22 is just three years older than her lover’s oldest daughter, moved her belongings out of their shared Miami house.
Chloe Green, whose father Sir Philip is worth an estimated £3.8 billion ($6 billion), was first spotted out with Jennifer Lopez’s ex-husband in February.
It is thought Sir Philip Green, who is good friends with Marc Anthony had given his seal of approval to the union.
Marc Anthony has dumped Topshop heiress Chloe Green just weeks after she moved to the US
A source told The Sun On Sunday: “The pair got serious very quickly and had the blessing of her parents, but it hasn’t worked out.
“It seems to have been Marc’s decision to end it.”
The source added the decision to split was sudden and Chloe Green has now left Miami to go on holiday with friends to recover.
Marc Anthony was married to Jennifer Lopez for 8 years and has twins Emme Maribel Muñiz and Maximillian David Muñiz with the star.
He also has a daughter Ariana from his relationship with former New York police officer Debbie Rosado and two sons with ex-wife former Miss Universe Dayanara Torres.
Sir Philip Green holidayed with Marc Anthony and J-Lo in 2010.
Chloe Green’s exes include Djibril Cisse and Jermain Defoe.
Earlier in the relationship Marc Anthony and his younger girlfriend were believed to have been smitten, with the UK based Chloe Green moving over to the US for her lover.
A source told Grazia magazine: “Chloe and Marc have totally fallen for one another. She’s been looking into getting a place in New York, where they love to hang out, or Miami, where his family are based.”
According to Heat magazine, Sir Philip Green flew out to Miami to spend the Easter weekend with Chloe and Marc Anthony, as well as her mother Tina and brother Brandon, where the group got some dutch courage for the family meeting by drinking Dom Perignon at local club Set.
Kate Middleton’s TOPSHOP dress she wore today at the Warner Bros film studios quickly became a sellout.
The dress was available to buy from TOPSHOP’s online store this morning, but within an hour of Kate Middleton stepping out in the polka dot garment it was out of stock.
Bargain hunting fashionistas rushed to buy the £38 ($59) dress that fits the Duchess of Cambridge even though she’s currently six months pregnant.
Kate Middleton, 31, teamed the black and white dress with a black Ralph Lauren jacket as she toured the Warner Bros film studios with Princes William and Harry.
Kate Middleton’s TOPSHOP dress she wore today at the Warner Bros film studios quickly became a sellout
She has long been a fan of TOPSHOP and has been seen in clothes from the British brand on numerous previous occasions.
Just last month, Kate Middleton wore a £46 ($72) black shift dress from the store with a white Peter Pan collar as she attended the headquarters of Child Bereavement UK with Prince William.
Kate Middleton, who is due to give birth in July, was spotted browsing the rails of one of the store’s London branches at the beginning of March.
On that occasion, the duchess was rumored to have bought a short floral print dress called “Deirdre” that she has yet to be seen wearing in public.
Today isn’t the first time Kate Middleton has caused a spike in sales at TOPSHOP. Back in 2007, long before she was the Duchess, she was still making her mark as a style icon.
When she was pictured out in a black and white patterned tunic from the store it flew off the shelves.
Kate Middleton’s sister, Pippa, is well-known for sharing her sense of style and she’s also regularly seen in TOPSHOP garments. While another high profile fan of the brand is Andy Murray’s girlfriend Kim Sears.
But TOPSHOP isn’t the only High Street store Kate Middleton champions. She also regularly wears clothes from Reiss, LK Bennett and Zara.
Kate Middleton dazzles on the red carpet in an array of glamorous designer dresses but she is also known to like a high street bargain or two.
The Duchess of Cambridge, 31, has long championed the likes of Zara and Reiss and her outfit choices have sparked multiple sales booms.
And now, Kate Middleton, who is expecting her first child with husband Prince William in July, has hit the high street once more – this time to dress the Royal bump.
Kate Middleton was spotted browsing the maternity racks at high street store Topshop during a shopping spree in London.
A fellow shopper tweeted: “Oh Just an average day, Kate Middleton smiled at me! 🙂 oh best bit… This was in Topshop! Truly Beautiful :).”
Layla Maan, a Business Development Manager, said: “She really is stunning up close.
“I am still in shock! I had to sit down after.
“She was just browsing next to me and then was shortly in personal shopping area which I usually am in but they had security there.”
Kate Middleton dazzles on the red carpet in an array of glamorous designer dresses but she is also known to like a high street bargain or two
Kate Middleton wore her hair in a bouncy ponytail, with her trademark pearl earrings and casual black leggings.
She swapped her court shoes for flat boots and wrapped up warm with a short fur trimmed brown jacket.
In January, Kate Middleton was spotted in another high street store, Gap, on the hunt for some maternity jeans.
Happy as Kate Middleton may be to shop on the high street, Alexander McQueen’s Sarah Burton – the designer behind the duchess’s wedding gown for her 2011 nuptials – recently revealed wants to design maternity wear for Kate.
When asked if she would be making any maternity clothes for Kate Middleton, the acclaimed designer said: “I hope I will be.”
