Earlier this year, in the most recent high-profile right of publicity case, Rihanna sued British retailer Topshop for using her likeness to sell t-shirts. Rihanna asked a British court to decide whether the public was deceived into thinking that she had endorsed the product. Last month, a London judge responded affirmatively and ruled in her favor, granting a permanent injunction, while citing that the sale of the shirt without Rihanna's permission constituted "passing-off."
Retailers and fashion companies using iconic or celebrity images to sell products should be aware of right of publicity laws to ensure compliance and avoid lawsuits.
In the first of a two-part episode of Fashion Counsel, Anthony Lupo talks with California Managing Partner, Robert O'Brien about the various nuances of right of publicity laws for celebrities in different jurisdictions.
Fashion Counsel is Arent Fox’s online resource for legal news, analysis, and event information. It offers new video features monthly addressing topics and issues of interest to the fashion industry including designers, retailers, and manufacturers of luxury goods.
About the Fashion, Luxury Goods & Retail Group
Arent Fox tailors counsel to meet the daily needs of fashion and luxury-brand companies. Comprised of 28 seasoned attorneys who represent the world’s top high-end manufacturers and retailers, the Fashion practice serves as outside general counsel and regulatory and retail counsel to internationally known brands.
Styling creative legal solutions for the fashion and luxury goods market.
Anthony V. Lupo