The Court of Appeal judgment, delivered by Kitchin LJ, upheld the trial judge's, Birss J, finding on the distinction between endorsement and general character merchandising, bearing in mind that there is no image right under English law.

However, the Court of Appeal emphasised that its decision is fact specific, and Rihanna's previous links with Top Shop, including publicity appearances, may have implied an official collaboration between them.

The singer's successful claim in passing off therefore does not necessarily pave the way for other celebrities to sue companies who use their image without permission.