Think trade marks offer full protection? Think
again. David Evans, director of Collas Crill IP in Guernsey,
discusses why Guernsey's new image rights legislation helps
well-known clients' succession planning.
What's in an image? For some, it's a great deal. Rihanna
was recently minded to take on the might of Topshop when it used
her image on a T-shirt without permission. The pop star was
successful in an action for passing off, but only because she was
found to have a reputation in fashion and her fans might think that
she had endorsed the items.
The judge in this case said: "There is today in England no
such thing as a free-standing general right by a famous person (or
anyone else) to control the reproduction of their image." This
clearly states the position question of what other well-known
clients can do if they believe their image has been infringed and
they do not have the requisite reputation in a specific field to
launch a Rihanna-style offensive. The answer
