Intellectual property Essay Example | Topics and Well Written Essays - 3000 words

Intellectual property - Essay Example ecognizes the intellectual property right and offer protection in order to nurture creativity by ensuring the owner is in full control of who uses that property and enables the owner to charge other users in order to raise income.2 In the case of Rihanna against Topshop, the plaintiff raised the issue of passing off since there was legal protection for the images. The study explores how justice Birss approached the case and what led him into a conclusion that the plaintiff had a legal claim against Topshop, and examine the appeal process as well as merits for the appeal. The defendant was given a chance to petition for an appeal either against the charges or against prohibition of sale of the merchandise. In Robyn Rihanna Fenty and others v Arcadia Group Brands Ltd (t/a Topshop) and another [2013] EWHC 2310 (Ch), the case was about Robyn Rihanna Fenty (â€Å"Rihanna†) and Arcardia Group Brands Ltd (â€Å"Topshop†) the world renown pop star and fashion dealer respectively. The defendant started producing and selling t–shirts with plaintiff’s image on it. The defendant had obtained permission to use the image on the t-shirts from an independent photographer, but they did not obtain permission from the plaintiff. The independent photographer had taken those photos with the permission of the plaintiff in one of the Plaintiff’s video shooting for single from her â€Å"Talk That Talk album.† Rihanna sued the Topshop against passing off for using her image to market their products without her permission. The claim in her legal suit against the defendant was that the conduct of the defendant was an infringement of plaintiff’s rights.3 In the p assing of judgement, the plaintiff had the onus to prove that she had public goodwill, the defendant’s conduct portrayed misrepresentation and that the plaintiff suffered some loss as a result of defendant’s conducts according to the ruling in the case Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873. The laws