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CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

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David Musker
Henning Hartwig
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THURSDAY, 12 FEBRUARY 2015
G-Star ward off Rhodi in UK unregistered design battle

G-Star Raw Cv v Rhodi Ltd & Others [2015] EWHC 216 (Ch) is a High Court, Chancery Division, decision of Richard Spearman QC, sitting as a Deputy Judge of the High Court, last Friday. This was a piece of full-blooded litigation between leading denim fashion brand G-Star and a very determined set of defendants who argued forcefully that they were not copying G-Star's designs and were only following a general, not to say commonplace, fashion trend. The rights invoked by G-Star were United Kingdom unregistered design rights in its Elwood (on the left) and Arc (on the right) pants.

While this case does not establish any great principles of law, it does show how skilful a judge must be in dealing with witnesses and addressing the many evidential issues. It took four days of hearings and a 190-paragraph judgment to dispose of this action, which resulted in a clear-cut victory for G-Star on the question of infringement and, correspondingly, the dismissal of the defendants' counterclaim for a declaration of non-infringement.

A useful account of this decision and its ramifications has been prepared by John Coldham of MARQUES members Wragge Lawrence Graham  Co. LLP, the law firm acting on behalf of the successful G-Star.  You can check it out here,

Posted by: Blog Administrator @ 22.49
Tags: United Kingdom, unregistered designs, infringement,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA628

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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