👉 Well, no and also, yes.👈

💼 The Rihanna’s case is one of the few cases in the UK where a celebrity has actually succeeded in preventing a retailer from using image of themselves on merchandise. Generally, it was understood that merely putting celebrity’s image on merchandise without their permission did not constitute an infringement of their rights.

📝 For passing off to be successful, it has to be satisfied that:
i) the application of the name or image to the goods has the consequence that they misrepresent the source of the goods; and
ii) the misrepresentation must be so material so as to have an effect upon the customer’s buying decision.