The claimant, a musician v Arcadia Group Brands Ltd: Topshop’s t-shirt was passing off
The claimant, a musicianvArcadia Group Brands Ltd
- Court
- Court of Appeal
- Judgment
- 22 January 2015
- Citation
- [2015] EWCA Civ 3
Using a celebrity's image on merchandise can be passing off if your own prior publicity links you to them.
The claimant, a musician, sued Topshop over a t-shirt carrying her image, sold without her approval. The Court of Appeal agreed this amounted to passing off, so the claimant won.
What happened
Topshop sold a t-shirt featuring a striking photograph of the claimant, a musician, taken during a music video shoot, without getting permission. The claimant argued that selling the garment created a false impression of endorsement, which is a form of passing off, a legal claim that protects a business or person's goodwill from being misrepresented by someone else. The trial judge agreed and granted an injunction stopping the sale. Topshop appealed, arguing there is no general right in English law to control use of a person's own image and that selling clothing with a celebrity's picture on it does not, by itself, amount to passing off.
What did the court decide in The claimant, a musician v Arcadia Group Brands Ltd?
The Court of Appeal dismissed Topshop's appeal. It confirmed there is no standalone "image right" in English law and that simply putting a celebrity's picture on a t-shirt is not automatically passing off. But the particular facts mattered here. The image resembled promotional material for a recent album by the claimant, and Topshop had previously publicised its own connections with her, including a styling competition and a publicised shop visit. Combined, these facts meant a substantial number of the claimant's fans would likely believe the t-shirt was authorised, and that false belief caused damage to her goodwill.
What we learned from this
- What I'd take from this is that it's the surrounding context, not just the image itself, that decides whether this kind of case succeeds. Topshop's own prior publicity about the claimant was central to the court's reasoning.
- Putting a recognisable person's photo on merchandise without permission isn't automatically unlawful in England, but it can become passing off depending on the circumstances.
- If your business has publicised any connection with a celebrity, think carefully before selling merchandise bearing that celebrity's image without clear authorisation.
- This case didn't create a general right for people to control their own image. Each case turns on its own facts.
Things to be aware of
- The decision is fact-specific and sits close to the borderline, as the Court of Appeal itself acknowledged. It's not a general rule that celebrity images on merchandise are always passing off.
- The outcome depended heavily on Topshop's own prior publicised links to the claimant plus the particular character of the image used, not on the use of her image alone.
- English law still has no free-standing image right, so businesses in different circumstances to Topshop's may reach a different result.
The businesses involved
The claimant, a musician
A recording artist and businesswoman, the claimant brought the claim after Topshop sold a t-shirt bearing her image without approval.
Arcadia Group Brands Ltd
Registered in Belfast in 2001, Arcadia Group Brands Ltd was the brand-holding company for Topshop and other UK high street fashion retailers. It holds 4 trademarks on the UK trademark register. The company later entered administration.
- Companies House
- NF003586 Converted closed
- Incorporated
- March 2001
- Registered office
- Belfast
- UK trademarks
- 4
What happened next
- Arcadia Group, Topshop's parent, collapsed into administration in 2020 amid wider financial difficulties affecting its retail brands.Source: Wwd, November 2020
- Following Arcadia's collapse, Topshop and other brands were bought out of administration by ASOS, which acquired the Topshop and Topman brands without the physical stores.Source: Retail Insight Network, February 2021
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This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2015] EWCA Civ 3 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.
