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Topshop has lost an appeal against a ruling of passing-off in relation to its sale of t-shirts bearing Rihanna’s image. There was no evidence from purchasers that they had believed the t-shirts were endorsed by Rihanna. However, as reported in our earlier article on this case relating to the appealed High Court judgment as the image bore a strong resemblance to album publicity shots and Topshop had run a competition with Rihanna in the past, that meant fans of the singer could have been misled into thinking that the garments were in fact endorsed.
There is no concept of ‘image rights’ under English law, and yesterday’s judgment makes no attempt to introduce one. However the case does emphasise that where a retailer already has an association with a celebrity, through joint promotion of events, competitions or otherwise, they will need to carefully consider whether using the celebrity’s image for a product could mislead customers into thinking it was endorsed by that celebrity.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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