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“Intellectual Property Right: The Case Rihanna v Topshop” sample intellectual essay

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Intellectual Property Rights (IPR) refer to the legal protection granted to intellectual creations, including patents, designs, trademarks, and copyrights. These rights are awarded to individuals or businesses responsible for creating these intellectual properties. IPR laws aim to safeguard the rights of creators, allowing them control over who can use their intellectual property and enabling them to generate income from it.

In the case of Rihanna v. Topshop, the plaintiff raised concerns related to passing off, as there were no specific laws protecting the use of public figures’ images in the UK. This study examines how Justice Birss approached the case and what led to his conclusion that the plaintiff had a legitimate claim against Topshop. It also explores the potential for an appeal and its merits.

Rihanna, a renowned pop star and fashion icon, sued Topshop for using her image on t-shirts without her permission. The defendant had obtained the image from an independent photographer who had initially taken the photo with the plaintiff’s consent during a video shoot. Rihanna’s claim was based on the unauthorized use of her image, constituting an infringement of her rights.

To establish her claim, the plaintiff had to prove that she possessed public goodwill, that the defendant’s actions involved misrepresentation, and that she had suffered losses due to these actions, following the precedent set by the case Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873. While UK law does not provide direct protection for public figures’ images, it does offer safeguards for the distribution of specific photographs held privately.

The court found that the defendant’s conduct amounted to misrepresentation. Despite not using an authorization label or tag on the merchandise, the defendant’s attempts to link the plaintiff to their products created a strong conviction among customers that they had permission to use her image. The court also noted that the plaintiff’s image was a financial asset, and unauthorized use could negatively impact her career.

The court ruled that the use of the plaintiff’s image without permission had influenced the defendant’s sales, and the resulting deception had damaged the plaintiff’s goodwill. The defendant was ordered to pay legal fees and prohibited from further distributing merchandise featuring the plaintiff’s image.

Regarding the appeal, the appellate should argue that the use of the plaintiff’s image did not harm her reputation or contribute significantly to the defendant’s sales. They must demonstrate that their actions were not deceptive and that they acted in good faith. Ultimately, the success of the appeal will depend on their ability to prove that the plaintiff’s claims were not substantiated.

Bibliography

Blakeney, Michael. Intellectual Property Enforcement: A Commentary on the Anti-counterfeiting Trade Agreement (ACTA). (UK: Edward Elgar Publishing, 2012)394

Caddick Nicholas and Longstaff Ben . A Users Guide to Trade Marks and Passing Off. (Bloomsbury Publishing, 2012) 474

Carty Hazel. An Analysis of the Economic Torts. (Oxford University Press, 2010) 333

Colston Catherine and Galloway Jonathan. Modern Intellectual Property Law. (New York: Routledge, 2010) 896

Davies Colin and Cheng Tania. Intellectual Property Law in the United Kingdom. (UK: Kluwer Law International, 2011)292

De Lacy John Reform of UK Company Law. (Routledge, 2013) 550

De Vrey Rogier W. Towards a Euroapean Unfair Competition Law: A Clash Between Legal Families: a Comparative Study of English, German and Dutch Law in Light of Existing European and International Legal Instruments. (BRILL, 2006) 80.

Douglas v Hello (2007) UKHL 21, Dutfield Graham and Suthersanen Uma Global Intellectual Property Law. (Edward Elgar Publishing, 2008) 384.

Harrods Ltd v Harrodian School Ltd. ([1996] RPC 697 Irvine v Talksport [2002] FSR 60 Kenyon Andrew T., Ng-Loy Wee Loon, Richardson Megan. The Law of Reputation and Brands in the Asia Pacific. (Cambridge University Press, 2012) 279.

Lambert Miss Jane. Enforcing Intellectual Property Rights: A Concise Guide for Businesses, Innovative and Creative Individuals. (England: Gower Publishing, Ltd., 2012)192

Lee Nari., Westkamp Guido, Kur, Annette, and Ohly Ansgar. Intellectual Property, Unfair Competition and Publicity: Convergences and Development. (UK: Edward Elgar Publishing, 2014) 384.

Marson James. Business Law Concentrate: Law Revision and Study Guide. (Oxford University Press, 2013) 224

Mirage Studios v Counterfeit Clothing (the Teenage Mutant Ninja Turtles case) [1991] FSR 145 Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873

Norman Helen. Intellectual Property Law Directions. (New York: Oxford University Press, 2011)505

Olwan Rami M. Intellectual Property and Development: Theory and Practice. (Springer, 2013) 12

Patry William. How to Fix Copyright. (Oxford University Press, 2011)323

Phillips Jeremy. Trade Marks at the Limit. (UK: Edward Elgar Publishing, 2006)320

Robyn Rihanna Fenty and others v Arcadia Group Brands Ltd (t/a Topshop) and another [2013] EWHC 2310 (Ch) Routledge. Intellectual Property Lawcards 2012-2013. (Routledge, 2013) 192

Torremans Paul Copyright Law: A Handbook of Contemporary Research. (Edward Elgar Publishing, 2009) 552

Wadlow Christopher .The Law of Passing-off: Unfair Competition by Misrepresentation. (London: Sweet & Maxwell, 2011) 952

Waelde Charlotte , Laurie Graeme , Brown Abbe , Kheria Smita, Cornwell Jane. Contemporary Intellectual Property: Law and Policy. (Britain: Oxford University Press, 2013)1025.

Yu Peter K. Intellectual Property and Information Wealth: Trademark and unfair competition. (Greenwood Publishing Group, 2007) 452

FOB Fenty Jalalabad Attack on June 2010

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In his article titled “FOB Fenty and Attacks in Jalalabad,” Smith relies on various media reports to provide an account of the events that transpired at Front Operating Base (FOB) Fenty on June 28th, 2010. With a significant emphasis on the words of Tim Lynch, Smith narrates the failed attempt by Taliban insurgents to raid the military base through an infrequently used entrance. The article offers a detailed account of the insurgents’ unsuccessful efforts to breach the base, involving a bomb detonation at the gate and a subsequent intense firefight with the guards. Smith prominently references the news reports of Jim, an American news reporter at the base. Throughout the article, Smith openly declares his support for American efforts and expresses his hope for the defeat of the Taliban insurgents. It is evident that he holds a strong belief in the superiority of the American military, as demonstrated by his dismissal of the possibility of the insurgents overrunning FOB. In his concluding remarks, Smith advocates for the US soldiers’ decision to eliminate the Taliban insurgents.

Article Review:

The primary objectives of the author in this article are not to highlight the reporting skills of Tim Lynch but rather to convey information to the reader about the events at FOB Fenty. Additionally, Smith aims to express his stance on the war. He unequivocally states his opposition to the Taliban and suggests that their actions will never succeed as long as the US maintains a prominent presence in Afghanistan. Importantly, the author’s approach is to provide an objective report by heavily relying on the words of Tim Lynch and other news sources, such as the Washington Post. Furthermore, he aims to underscore the disparity in capabilities between the US military and the terrorist group, emphasizing that the tactics of the Taliban are ineffective, particularly when compared to the proactive stance of NATO forces and the US military.

Although the article lacks a clearly defined theoretical framework, it primarily addresses the domains of warfare and terrorism. Smith makes references to enemy tactics, such as the “massing of forces,” and portrays acts of terror as acts of cowardice, aligning with theories related to terrorism. The article also delves into the theory of war and terrorism by highlighting the measures taken by the US military in Kunar and Nuristan provinces. The central argument presented by the author is that the aggressive elimination of insurgents is essential because they pose a threat to both local and international populations. This position is substantiated by the author’s portrayal of how insurgents selectively antagonize the residents of Jalalabad, with one of the key reasons being their intent to provoke non-Muslims.

The central argument of the article revolves around the necessity of aggressively targeting and eliminating terrorists, particularly away from populated areas, given that local residents do not necessarily support the Taliban. Through the cited news reports, the article highlights some of the losses incurred by the group, using these losses as justifications for the need for the US to prevail in what is portrayed as a one-sided war. These losses include the deaths of young men who join militant groups like the Taliban, resulting from battles and their belief in suicide bombings. The author’s writing approach is effective, utilizing examples and evidence to support central arguments. For instance, he asserts that despite ongoing attacks, international forces in the region draw encouragement from the perception that they are on the right side—the side represented by the US military.

The author’s position in the matter is clearly expressed in the article. He does not adopt a central or neutral stance but rather exhibits a biased outlook in favor of the American side of the conflict. This is evident in his use of terms like “we” when referring to the American side, and he explicitly states, “We can do more, but we can’t do any less than that and win,” which underscores his belief in the justification of American actions in Afghanistan. The author’s bias is further demonstrated by his focus on the negatives of the Taliban insurgents while overlooking any faults on the US side. For instance, there is a discrepancy regarding whether the perimeter wall of the camp was breached, but the author does not explore such inconsistencies and concentrates on highlighting the shortcomings of the Taliban.

The article’s strengths lie in its presentation. It effectively incorporates auxiliary features, such as photographs of the scene, which enhance the reader’s understanding and make the content more vivid. The use of visual elements is compelling in conveying the events. Additionally, the article is concise and to the point, avoiding the potential for reader disengagement that often accompanies overly long articles. The use of firsthand information lends credibility to the article, and the author mentions that the information is derived from both news sources and a contact on the ground in Fenty. The informal style of writing makes the article engaging, and the frequent use of the first person adds a personal touch. This approach allows the author to connect with the reader and convey emotions effectively.

In conclusion, the article possesses more strengths than weaknesses. To recap, the author takes a clear and biased stance in favor of the American side of the conflict and relies heavily on quoted material. While the article provides a report on real events, its lack of neutrality compromises its quality as a neutral report. However, its concise and engaging style, use of visual aids, and incorporation of firsthand information contribute to its overall effectiveness. Read more at:

FOB Fenty Jalalabad Attack on June 2010

References

De, L. D. E. (2010). Research companion to green international management studies: A guide for future research, collaboration and review writing. Cheltenham, UK: Edward Elgar.

Smith, H. (08, July, 2010). FOB Fenty and Attacks in JAlalabad. The Captain’s Journal. Retrieved from: http://www.captainsjournal.com/2010/07/08/fob-fenty-and-attacks-in-jalalabad/

 

FOB Fenty Jalalabad Attack on June 2010

/in /by

In his article titled “FOB Fenty and Attacks in Jalalabad,” Smith relies on various media reports to provide an account of the events that transpired at Front Operating Base (FOB) Fenty on June 28th, 2010. With a significant emphasis on the words of Tim Lynch, Smith narrates the failed attempt by Taliban insurgents to raid the military base through an infrequently used entrance. The article offers a detailed account of the insurgents’ unsuccessful efforts to breach the base, involving a bomb detonation at the gate and a subsequent intense firefight with the guards. Smith prominently references the news reports of Jim, an American news reporter at the base. Throughout the article, Smith openly declares his support for American efforts and expresses his hope for the defeat of the Taliban insurgents. It is evident that he holds a strong belief in the superiority of the American military, as demonstrated by his dismissal of the possibility of the insurgents overrunning FOB. In his concluding remarks, Smith advocates for the US soldiers’ decision to eliminate the Taliban insurgents.

Article Review:

The primary objectives of the author in this article are not to highlight the reporting skills of Tim Lynch but rather to convey information to the reader about the events at FOB Fenty. Additionally, Smith aims to express his stance on the war. He unequivocally states his opposition to the Taliban and suggests that their actions will never succeed as long as the US maintains a prominent presence in Afghanistan. Importantly, the author’s approach is to provide an objective report by heavily relying on the words of Tim Lynch and other news sources, such as the Washington Post. Furthermore, he aims to underscore the disparity in capabilities between the US military and the terrorist group, emphasizing that the tactics of the Taliban are ineffective, particularly when compared to the proactive stance of NATO forces and the US military.

Although the article lacks a clearly defined theoretical framework, it primarily addresses the domains of warfare and terrorism. Smith makes references to enemy tactics, such as the “massing of forces,” and portrays acts of terror as acts of cowardice, aligning with theories related to terrorism. The article also delves into the theory of war and terrorism by highlighting the measures taken by the US military in Kunar and Nuristan provinces. The central argument presented by the author is that the aggressive elimination of insurgents is essential because they pose a threat to both local and international populations. This position is substantiated by the author’s portrayal of how insurgents selectively antagonize the residents of Jalalabad, with one of the key reasons being their intent to provoke non-Muslims.

The central argument of the article revolves around the necessity of aggressively targeting and eliminating terrorists, particularly away from populated areas, given that local residents do not necessarily support the Taliban. Through the cited news reports, the article highlights some of the losses incurred by the group, using these losses as justifications for the need for the US to prevail in what is portrayed as a one-sided war. These losses include the deaths of young men who join militant groups like the Taliban, resulting from battles and their belief in suicide bombings. The author’s writing approach is effective, utilizing examples and evidence to support central arguments. For instance, he asserts that despite ongoing attacks, international forces in the region draw encouragement from the perception that they are on the right side—the side represented by the US military.

 

The author’s position in the matter is clearly expressed in the article. He does not adopt a central or neutral stance but rather exhibits a biased outlook in favor of the American side of the conflict. This is evident in his use of terms like “we” when referring to the American side, and he explicitly states, “We can do more, but we can’t do any less than that and win,” which underscores his belief in the justification of American actions in Afghanistan. The author’s bias is further demonstrated by his focus on the negatives of the Taliban insurgents while overlooking any faults on the US side. For instance, there is a discrepancy regarding whether the perimeter wall of the camp was breached, but the author does not explore such inconsistencies and concentrates on highlighting the shortcomings of the Taliban.

The article’s strengths lie in its presentation. It effectively incorporates auxiliary features, such as photographs of the scene, which enhance the reader’s understanding and make the content more vivid. The use of visual elements is compelling in conveying the events. Additionally, the article is concise and to the point, avoiding the potential for reader disengagement that often accompanies overly long articles. The use of firsthand information lends credibility to the article, and the author mentions that the information is derived from both news sources and a contact on the ground in Fenty. The informal style of writing makes the article engaging, and the frequent use of the first person adds a personal touch. This approach allows the author to connect with the reader and convey emotions effectively.

In conclusion, the article possesses more strengths than weaknesses. To recap, the author takes a clear and biased stance in favor of the American side of the conflict and relies heavily on quoted material. While the article provides a report on real events, its lack of neutrality compromises its quality as a neutral report. However, its concise and engaging style, use of visual aids, and incorporation of firsthand information contribute to its overall effectiveness.

References

De, L. D. E. (2010). Research companion to green international management studies: A guide for future research, collaboration and review writing. Cheltenham, UK: Edward Elgar.

Smith, H. (08, July, 2010). FOB Fenty and Attacks in JAlalabad. The Captain’s Journal. Retrieved from: http://www.captainsjournal.com/2010/07/08/fob-fenty-and-attacks-in-jalalabad/

 

American Oxygen: Rihanna Essay Sample

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American Oxygen: Rihanna

Born on February 20, 1988, in Saint Michael, Barbados, and raised in Bridgetown, Robyn Rihanna Fenty is a multi-talented artist known for her roles as a songwriter, singer, diplomat, actress, and businesswoman. She has established herself as one of the most successful figures in contemporary music. Her debut in the music industry came in 2003 with the release of her album “A Girl Like Me,” and since then, Rihanna has delivered a string of global hits, including tracks like “Take a Bow,” “Umbrella,” “We Found Love,” “Diamonds,” “Good Girl Gone Bad,” “Disturbia,” and her more recent work, “American Oxygen.”

Rihanna stands out as a modern-day musician who uses her music and its accompanying elements to challenge prevailing political stereotypes that persist in the 21st century. In her song “American Oxygen,” she delves into themes related to America and the enduring pursuit of the American dream, a concept introduced by the Founding Fathers. Her lyrics touch on issues of racial and gender equality, freedom, the pursuit of happiness, and religion. She also addresses the younger generation striving to achieve the American dream with opportunities before them. Rihanna effectively brings her political and social beliefs to the forefront through her music, aiming to promote global equality.

In “American Oxygen,” Rihanna’s music video prominently features footage and imagery from significant historical events, including President Barack Obama’s inauguration, Martin Luther King Jr.’s iconic speech, and the aftermath of the 9/11 attacks. These events have had a profound impact on the American dream throughout history. Rihanna’s intent with this song was to voice the concerns of Americans during the tenure of Donald Trump, sparking discussions and raising awareness of various political issues.

This paper seeks to uncover the musical and para-musical elements within “American Oxygen” that reveal Rihanna’s political convictions and how she employs them to initiate conversations. You can order customized essay or article on any topic from us. Rihanna uses various para-musical elements, such as her clothing choices, music video, cover art, and lyrics, to advocate for the American dream and challenge political beliefs.

The music video for “American Oxygen” is politically charged, featuring a blend of historical and contemporary footage that reflects the current state of American politics. It showcases scenes of immigration, protests, and pivotal moments in American history, including President Obama’s inauguration. Rihanna’s use of these visuals underscores the song’s message of change and hope, as well as the challenges Americans face in pursuing their dreams.

The lyrics of “American Oxygen” further reinforce Rihanna’s message of hope and struggle. Lines like “we sweat for a nickel in a dime, chasing this American dream in every breath I breathe” convey a sense of patriotism and empathy for the suffering citizens who long for change. The lyrics also touch on the plight of immigrants in America, highlighting their lack of rights and the struggles they endure.

Rihanna’s cover art for the song depicts her wearing a jacket, half-worn and half-removed, against the backdrop of an American flag. This imagery symbolizes the ongoing struggle and pain experienced by Americans due to political differences and historical events. The cover art also alludes to the tragic death of Martin Luther King Jr., creating a powerful juxtaposition of dark moments in American history.

Rihanna’s choice of clothing in the music video is another para-musical aspect that conveys her message. She dons military attire at times to draw attention to the violence and neglect faced by military personnel and their families. Additionally, her attire includes rugged jeans and a short blouse, emphasizing the plight of homeless veterans and underscoring the challenges many Americans face in achieving the American dream.

The instrumental track of “American Oxygen” features electronic instruments and percussion, with a persistent bass drum providing a steady 4/4 beat at a moderate tempo. This rhythmic foundation mirrors the struggles and perseverance of Americans in their pursuit of the American dream. The electronic elements and percussion add depth to the song’s music video, capturing the audience’s attention while portraying the reality of America’s political divisions.

Rihanna’s vocals in the song combine melodic singing, spoken word segments, and gasped panting to convey the military struggle in America. Her use of slow, trembling vocals at certain points reflects her empathy for immigrants and disadvantaged Americans. The inclusion of spoken vocals, including the announcement of Martin Luther King Jr.’s death, connects the song to ordinary citizens and adds authenticity to the video.

Harmony plays a role in the song’s evolution, transitioning from an emotional piano-chord opening to a more robust, chant-filled track. Electronic embellishments are introduced, enhancing the song’s uniqueness but occasionally making it feel somewhat disjointed. Changes in pitch emphasize the importance of the American dream and the struggle Americans must endure to achieve it.

In conclusion, Rihanna’s “American Oxygen” is a multifaceted musical and visual expression of her political beliefs and a call for change. Through para-musical elements such as clothing, music video, cover art, and lyrics, she addresses the challenges faced by Americans in pursuing the American dream and encourages them to persevere. The song’s instrumental track, vocals, and harmonies work together to create a compelling narrative that reflects the complexities of American society and politics. Rihanna’s artistic choices in this song demonstrate her commitment to addressing pressing social and political issues through her music.