Martin Howe QC appeared for the claimants. The Court of Appeal dismissed Topshop’s appeal against the judgment of Birss J [2013] EWHC 2310 (Ch), who had held that Topshop in all the circumstances were liable for passing off by selling a T-shirt bearing an image of Rihanna which had been taken by a third party photographer when she was on a video shoot for the single “We Found Love” from her “Talk That Talk” album.
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