Intellectual Property Enterprise Court
Claim No: IP-2022-000099 - [2025] EWHC 805 (IPEC)
Fecha: 31-Ene-2025
Infringement
Infringement
This involves consideration of several disputed factors:
whether there has been copying of the Claimant’s designs;
whether the alleged infringements are made exactly or substantially to the Claimant’s designs;
for the purposes of primary infringement under s.226 CPDA 1988, whether the Defendants have made the articles or authorised their making; and,
for the purposes of secondary infringement under s.227 CPDA 1988, whether the Defendants had the necessary reason to know or have reason to believe that the Articles were infringing articles.
- Heading
- The Deputy Judge
- The Witnesses
- The Claim
- The Law
- Subsistence, Originality and Availability
- Section 6
- Design 2 – Puff Sleeve
- Designs 3 & 4 – Ruched Skirt
- Design 5 – Ruched Leggings
- Infringement
- Number of Alleged Infringing Articles
- Copying
- Design 1
- Section 14
- Assessment
- Design 2
- Designs 3-5
- Bohorose
- Winnie Harlow
- Made exactly or substantially to the Claimant’s designs
- Infringing Acts
- Conclusions