Intellectual Property Essay Example | Topics and Well Written Essays - 3000 words

Intellectual Property - Essay Example It was argued that Topshop had infringed the rights of Rihanna and that consumers were misled into thinking that she had endorsed the use of her photograph on the T-shirt, and this might have led to enhanced commercial sales and consumer confusion, which in turn had damaged her reputation. This is because Topshop’s action may have represented a loss of control of Rihanna in the fashion industry.3 As a result, Rihanna filed a suit against Topshop for manufacturing and retailing T-shirts bearing her photograph without her authorisation. The judge hearing the case ruled in favour of Rihanna. In the United Kingdom, there is no personality right that prevents unfair exploitation, in cases where a party evokes a celebrity’s image.4 Therefore, in the United Kingdom, there is no general right that famous people or any person can enjoy and use to control the reproduction of their images. The law of passing off is used by celebrities to protect their image. However, they have to show that they have goodwill in their image. They also have to show that there has been a misrepresentation, leading to public deception. This was ruled out by Mr Justice Birss who said that consumers of this era have full awareness that music artists take part in merchandising and endorsement in fashion apparel. According to Mr Justice Birss, consumers may not want to purchase products which have been authorised by artists, but they will rather purchase products with pictures on them because they love the look of it.5 One of the key factors that persuaded Mr Justice Birss to pass a ruling in favour of Rihanna was that Topshop, the fashion retailer, had engaged in promotional efforts involving Rihanna. For instance, there was a competition, in which the entrants could win a personal shopping appointment with Rihanna in 2010.6 Also, Topshop sold the T-shirt two weeks after there had been