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Star-shaped solution

Think trade marks offer full protection? Think again. David Evans discusses ?why Guernsey's ?new image rights legislation helps well-known clients' succession planning

7 November 2013

What's in an image? For some, it's a great deal. Rihanna was recently minded to take on the might of Topshop when it used her image on a T-shirt without permission. The pop star was successful in an action for passing off, ?but only because she was found to ?have a reputation in fashion and ?her fans might think that she had endorsed the items.

The judge in this case said: "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."

This clearly states the position in England and Wales and raises the question of what other well-known clients can do if they believe their image has been infringed and they do not have the requisite reputation in a specific field to launch a Rihanna-style offensive.

The answer may be found in the Guernsey image right, which was brought into force in D...

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