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If you need advice on copyright or other intellectual property infringements, you can contact our Intellectual Property Solicitors below.
In the recent copyright infringement case of Response Clothing Ltd v The Edinburgh Woollen Mill Ltd, His Honour Judge Hacon, a Judge in the specialist Intellectual Property Enterprise Court (IPEC), held that the Edinburgh Woollen Mill (EWM) had infringed the copyright owned by Response Clothing in respect of a wave design on fabric.
The background to this case was as follows:
Response claimed that copyright subsisted in its wave arrangement design, either as a graphic work or as a work of artistic craftsmanship. Furthermore, it was Response's position that as the creator of the wave design, it owned the copyright in it. Response alleged that the ladies' tops made by Visage, Cingo and Bengal Knittex were infringing copies of its wave arrangement design and that EWM had infringed its copyright by selling the tops made of the infringing fabrics.
In holding that EWM had infringed Response's copyright in the wave design, His Honour Judge Hacon found that although the definition of a "graphic work" in the Copyright, Designs and Patents Act 1988 did not include a design made from the threads of a fabric, he did agree that Response's wave design was a work of artistic craftsmanship. This was because Response had produced the wave design in a skilful way, had taken justified pride in their workmanship and had creative ability, which meant the tops created had an aesthetic appeal that had proven popular with consumers.
The Court's decision, in this case, has some practical implications for the textile industry as follows.
Notwithstanding the above, the Court's decision leaves the issue of whether the UK's copyright regime is aligned with decisions made by the Court of Justice, namely the case of Cofemel, where the Court of Justice held that there was no requirement for copyright works to have aesthetic appeal.
It, therefore, appears, for the moment at least, that English law is incompatible with EU law in this respect. There will surely be further developments on this issue as the Court deals with further cases, so watch this space for updates.
Our specialist intellectual property disputes team routinely advises on a broad range of disputes relating to copyright and other intellectual property disputes relating to trademarks, patents, confidential information and data protection.
If you need advice on copyright or other intellectual property infringements, you can contact our Intellectual Property Solicitors below.