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Showing posts with the label unregistered design right

Unregistered Design Rights: Edwards v Boohoo.com UK Ltd and others

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Author Hugh Venables    Licence CC BY-SA 2. 0   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (Mr Tom Mitcheson KC) Edwards v Boohoo.com UK Ltd and other s  [2025] EWHC 805 (IPEC) (3 Apr 202 5) This was an action for unregistered design right infringement. The claimant was Sonia Edwards, a fashion designer who promoted her work on Instagram, Facebook, CwtchyCwtchy, and other websites. CwtchyCwtchy seems to be derived from the Welsh word "cwtch" , which can be translated roughly as "hug". Ms Edwards complained that Boohoo.com UK Limited and its related companies ("Boohoo") infringed design rights in five of her designs by making and selling clothes to those designs. The action was tried by Mr Tom Mitcheson KC sitting as a deputy judge of the High Court on 30 and 31 Jan 2025. He handed down judgment on 3 April 2025. By para [151] of his judgment in Edwards v Boohoo.com UK Ltd and others [2025] EWHC 805 (IPEC) (3 April...

Unregistered Design Right - KF Global Brands Ltd v Lead Wear Ltd

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Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell KC)  KF Global Brands Ltd v Lead Wear Ltd and others  [2023] EWHC 1303 (IPEC) (2 June 2023) This was an action for unregistered design right infringement.   The claimant, KF Global Brands Ltd ("KF"), claimed design right in the design of BKS-001 cargo trousers.  A pair of those trousers appears above.  The document below was alleged to record the design. KF alleged that a Bangladeshi company called S&S Swimwear made copies of those trousers (a sample of which appears below) in Bangladesh:   It complained that S&S sold those trousers to Lead Ware Ltd (the first defendant) and Mr Kamml Hassan (the second defendant) for resale in the UK.  The defendants denied that design right subsisted in the design of the  BKS-001 trousers on the ground that the BKS-001 design had been copied from the design of the following garment known as "the Aldi trousers." They also denied that...