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

Intellectual property - Essay Exampleecognizes the intellectual property regenerate 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 another(prenominal) users in order to raise income.2 In the font of Rihanna against Topshop, the plaintiff raised the issue of passing off since there was legal protection for the images. The study explores how arbiter Birss approached the case and what led him into a conclusion that the plaintiff had a legal involve against Topshop, and examine the appeal process as well as merits for the appeal. The suspect 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 (Rihanna) and Arcardia Group Brands Ltd (Topshop) the world renown pop star and fashion dealer respectively. The defendant started producing and selling tshirts with plaintiffs 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 Plaintiffs video shooting for single from her 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 plaintiffs rights.3 In the passing of judgement, the plaintiff had the onus to prove that she had habitual goodwill, the defendants conduct portrayed misrepresentation and that the plaintiff suffered some loss as a result of defendants conducts according to the feeling in the case Reckitt & Colman Ltd v Borden Inc 1990 1 Al l E.R. 873. The laws