Dua Lipa v Samsung – a UK IP Perspective

Recent headlines have seen pop star Dua Lipa take on technology giant Samsung, issuing proceedings in the United States in relation to the alleged use of her image on Samsung television packaging without her consent. While the dispute is proceeding under US law, it provides a useful opportunity to consider how a similar claim might be framed under English law and, more broadly, to reflect on how brands should approach the use of celebrity intellectual property rights.

The dispute in brief

In May 2026, Dua Lipa filed a lawsuit in the US District Court for the Central District of California seeking at least US$15 million in damages. The claim centres on allegations that Samsung used a photograph of her on the packaging of televisions without her authorisation.

How might this claim look under English law?

The UK does not recognise a standalone “image right” or “right of publicity” in the same way as many US states. Instead, protection is derived from a patchwork of legal rights, including trade marks, passing off and copyright.

If a similar dispute arose in England and Wales, we would expect a well-known claimant in Dua Lipa’s position to rely on a combination of the following:

1. Trade mark infringement

It is common for celebrities to register their names and associated branding as trade marks. Dua Lipa has registered rights in “DUA LIPA”, among others.

If that mark (or a similar sign) were used on product packaging in the UK, a claim could arise under section 10(3) of the Trade Marks Act 1994. This applies where:

· the mark has a reputation in the UK; and

· the defendant’s use takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark.

A trade mark infringement claim under section 10(3) is typically reserved for household names and established brands. Had Dua’s name featured on the packaging, the argument would likely be that Dua’ has a reputation under the name and using Dua Lipa’s name on retail packaging exploits her brand equity and creates an unauthorised commercial association.

2. Passing off

Given the absence of a standalone image right, passing off remains one of the most powerful tools for celebrities under English law.

To succeed, a claimant must establish the classic “trinity”:

· Goodwill: A protectable reputation among UK consumers (which a global artist such as Dua Lipa is highly likely to satisfy);

· Misrepresentation: A representation – intentional or otherwise – that the goods are endorsed by, or commercially connected with, the claimant; and

· Damage: Resulting or likely damage, such as lost licensing revenue or harm to brand value.

The leading case of Rihanna v Topshop demonstrates that the use of a celebrity image on merchandise can amount to passing off where it creates a false suggestion of endorsement.

Applied here, the prominent placement of Dua Lipa’s image on television packaging could arguably mislead consumers into believing she had endorsed or collaborated on the product – particularly if, as alleged, the image influenced purchasing decisions.

3. Copyright infringement

If Dua Lipa owns (or is the exclusive licensee of) the photograph that appears on the packaging, she would be entitled to prevent its reproduction and commercial exploitation without permission. The reported claim asserts that she owns the copyright in the photograph used on the packaging.

In a UK context, unauthorised reproduction of that image on product packaging would constitute copyright infringement – since unauthorised copies of the image have been made (subject to any available defences, which appear unlikely on these facts).

How we can help

Whether you are a brand looking to collaborate with talent, or an individual seeking to protect your image and reputation, early legal advice is key.

Our IP team regularly advises on endorsement arrangements, image rights, licensing structures and dispute resolution. If you would like to discuss any of the issues raised in this article, please get in touch.