Source: All England Reporter
Publisher Citation: [2002] All ER (D) 202 (Mar)
Neutral Citation: [2002] EWCA Civ 316
Court: Court of Appeal, Civil Division
Judge:

Sir Andrew Morritt V-C, Robert Walker and Rix LJJ

Representation Denise McFarland (instructed by D J Freeman) for the claimant.
  Kevin Garnett QC and Gwilym Harbottle (instructed by Withers) for the defendants.
Judgment Dates: 14 March 2002

Catchwords

Design right - Infringement - Originality - Unregistered design right in clothing - Alleged originality resulting in part from mistake - Whether design original - s 213(1).

The Case

The fact that a feature differentiating a design from an earlier design had come about by mistake did not, of itself, mean that the design was not original. Whilst the adoption of a mistake might not have contributed much by way of labour, it could certainly have been the product of skill.

Practice Areas

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