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14 August 2013 / Stephen Boyd
Issue: 7573 / Categories: Opinion , Intellectual property
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Not in my name

rihanna

Stephen Boyd debates image rights & wrongs

“Whatever may be the position elsewhere in the world...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” (Birss J, Fenty and others v Arcadia Group and another [2013] EWHC 2310 (Ch) (Rihanna v Topshop).

The utilty of passing off as a cause of action to be deployed by a celebrity whose image had been exploited without consent was brought to the fore by Irvine and another v Talksport Ltd [2002] EWHC 367 (Ch). Eddie Irvine was a well-known Formula One driver. In 1999 Talksport embarked on a special promotional campaign to mark the rebranding of the station from Talk Radio to Talksport. It sent out to media buyers a flyer bearing a photograph of Irvine. The original photograph, which showed the driver holding a mobile phone, had been manipulated to replace the mobile phone with a radio to which the words “Talk Radio” had

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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