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Rihanna wins injunction against Topshop and its t-shirt

By Chris Cooke | Published on Friday 27 September 2013

Rihanna was awarded an injunction against Topshop yesterday as part of her dispute with the fashion retailer over a t-shirt. As previously reported, Rihanna sued after Topshop started selling a top with her photo on it.

The retailer had correctly licensed the photo from the copyright owner but the singer successfully convinced the court that, because the photo used was very similar to imagery on her album ‘Talk That Talk’, consumers would likely think it was an officially endorsed product, which it was not. Therefore the court sided with Rihanna under the legal principle of ‘passing off’, rather than because of any IP (or image right) violation.

The UK High Court having made that ruling in July, this week the singer secured an injunction stopping Topshop from selling clothing that uses her image. And while the judge hearing the case, Colin Birss, stressed that his ruling did not mean he was implying into English law a “freestanding general right” for celebrities to control the use of their image, the injunction will likely make it very tricky for Topshop to make any product involving Rihanna-related imagery, even if there wasn’t a case for passing off.

Topshop was given permission to appeal the ruling to the Court Of Appeal, and if the retailer goes that route the singer’s damages won’t be decided until after that hearing. Though legal costs were discussed yesterday, with Rihanna’s team putting in a rather optimistic bill of £919,000, a figure Birrs said he found “startling”.

Said judge instructed Topshop to pay Team RiRi £200,000 as an interim payment to cover costs, pending further discussion.