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

The Claimant’s case is that she possesses unregistered design right in the shape and configuration of the following five garment designs:

Each of these designs, together with the Claimant’s pleaded accompanying annotations, is represented at Annex 1 to this judgment. There is a considerable history to the pleading of these designs and the Claimant has had multiple attempts to define what she relies on. This has included the assistance of specialist intellectual property solicitors and counsel who were instructed at the time that the present pleadings were finalised. I was urged by the Defendants to constrain the Claimant to her pleaded case at trial, and given the history I consider it is fair to do so (albeit that no real attempt was made by the Claimant at trial to vary her case). There was a specific objection raised by the Defendants about the number of infringements alleged for each design. I return to this below.