Ashfords’ intellectual property team has successfully acted for the defendant in the Equisafety Limited v Woof Wear Limited case, where judgment held that the equestrian products were not protected by copyright.
The products in question were an elasticated band for a riding hat, a neck band for a horse and a waistcoat. Judge Ian Karet handed down judgment on 25 September 2024, stating that the items weren’t protected by copyright.
The judge held that the products didn’t qualify as a ‘work of artistic craftsmanship’, under section 4(1)(c) of the Copyright Designs and Patents Act 1988. The judge also considered the precedent case law, with particular attention paid to Response Clothing v The Edinburgh Woollen Mill, Hensher v Restawhile and the Court of Justice of the European Union cases of Cofemel v G-Star Raw and Brompton Bicycle v Chedech/Get2Get.
The ruling provides precedent in what is considered a ‘work of artistic craftsmanship’ under the Copyright Designs and Patents Act 1988, which will be of interest to those in the clothing industry with regard to the application of copyright law to designs. The judgment confirms that for clothing to be considered works of artistic craftsmanship, it must be more than functional and additions to clothing cannot just be a ‘practical solution’ to an issue.
Ashfords’ intellectual property team, a mix of experienced solicitors and chartered trade mark attorneys, has extensive experience helping businesses to protect their valuable intellectual property assets.
For further information or advice, please contact our intellectual property team.
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