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ARTICLE · 29 NOVEMBER 2013

Protecting Publicity Rights By Claiming Passing Off

A recent decision of U.K Chancery Division allowed an action by Rihanna relating to a claim of false endorsement resulting from the sale of a garment bearing an image of her.

CanadaIntellectual Property

A recent decision of U.K Chancery Division allowed an action by Rihanna relating to a claim of false endorsement resulting from the sale of a garment bearing an image of her.

The Facts

Rihanna is a world famous pop star with a cool, edgy image.  The evidence showed that she is a style icon and trend setter with a core following of women from their teens to their thirties. It was also shown that Rihanna and those associated with her go to great lengths to seek to control her image. Rihanna was working hard to identify herself as a serious fashion designer and items such as the t-shirt in issue did not support that goal.

Through her companies she runs a very large merchandising and endorsement operation. She has or has had endorsement agreements with NIKE, GILLETTE, CLINIQUE and LG MOBILE. Her merchandising business was managed by an independent company called Live Nation. Live Nation paid a significant sum for the right to sell Rihanna merchandise, including

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