At least for the singer Rihanna...
Rihanna sued Topshop’s parent company Arcadia in 2013 in respect of some t-shirts that Topshop was selling featuring an image of her taken at a photo shoot in 2011.
Rihanna had argued that use of the image amounted to “passing off” and in July 2013 Mr Justice Birss found in Rihanna’s favour, stating that some may be deceived into buying the item in the “false belief” that it was in fact endorsed by Rihanna.
In English law there is no personality/image right and Topshop appealed suggesting that Rihanna was using the law incorrectly.
The appeal was unanimously dismissed by the three Appeal Court Judges. However the Court stressed that there were particular facts in this case, including the fact that Rihanna had officially collaborated with Topshop previously and that the image had formed part of the publicity material for an album, which supported the finding of the Court.
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