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05 September 2013
Issue: 7574 / Categories: Case law , Law digest
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Passing off

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Fenty and others v Arcadia Group and another [2013] EWHC 2310 (Ch), [2013] All ER (D) 410 (Jul)

Topshop’s sale of t-shirts with an image of Rihanna on it, without her approval, was an act of passing off. However, the mere sale by a trader of a t-shirt bearing an image of a famous person was not, without more, an act of passing off. The court further held that there was no such thing in England as a free standing general right by a famous person, or anyone else, to control the reproduction of their image.

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