Claim No: IP-2022-000099 - [2025] EWHC 805 (IPEC)

The features relied on are as follows:

For similar reasons to those expressed above, I do not consider that design right can subsist in what is said to be a high fitting waistline, or a concealed waistband. What is left is a pair of ruched leggings with a “small” chevron at the top, and with ruching only present in the top half of the area between the crotch and the waistline. The Claimant confirmed that it was only the front part of the leggings that were relied on.

This is barely enough to comprise a subsisting design but I consider it just passes the necessary threshold. The relative simplicity of the design might suggest that it would be easy to prove that it was commonplace, but as noted above that was not a point advanced by the Defendants.

The Claimant’s pleaded case was that this design was first made available in 2016. However, in cross examination it was put to her that the same design was worn for her on the 2011 NEC Diet Coke catwalk:

The Claimant disputed this on the basis that these leggings were “lowrise” and the top was a “V” and not a chevron. I have rejected the former feature as not being a relevant part of the design and I reject the latter suggestion as a matter of fact. Design 5 was first made available in 2011.