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

This is an action for infringement of unregistered design right in the design of various items of clothing. The particular sector in issue is fast-fashion – where companies engage in releasing hundreds of different styles of low-cost garments per week, based on current trends found in social media.

The Claimant, Sonia Edwards, began designing clothing in 2010. She mainly promoted herself through social media with the aim of licensing her designs to others. Her work at that time achieved recognition in Vogue Magazine and Drapers Magazine and was featured by The Fashion Network amongst others. She also exhibited at the Clothes Show Live in 2011 at the NEC in Birmingham. She has recently given up designing clothing, partly as a result of the present litigation.

The Defendants are all part of boohoo, the well-known fast-fashion group.

The proceedings have a long history, which I do not need to repeat here. Suffice to say, the Claimant has been complaining for a number of years about the alleged copying of her clothing designs by various big fashion brands, including ASOS, Missguided, Moschino and Shein. Ms. Edwards’ complaints against boohoo have also been going on for some years.

The matter has been case managed so that there were five designs before me (out of an original total of many more) to adjudicate upon at trial, with the issues being confined to liability only.

At the trial, Ms. Edwards represented herself. It is a daunting exercise for a litigant-in-person to deal with multiple facts in a complex area of law in a compressed 2-day IPEC trial. Ms. Edwards acquitted herself admirably, both in cross-examination and in her opening and closing submissions.

Andrew Norris KC and Becky Knott appeared for the Defendants instructed by Pannone Corporate LLP. Mr Norris performed the bulk of the advocacy but Ms. Knott addressed me clearly and concisely in closing on the issues of alleged copying and infringement. This was welcome and accords with recent guidance from the Lady Chief Justice and updated practice in the Patents Court.

I am grateful to all the representatives for their cooperation in achieving an efficient and effective trial process. I thank in particular the Defendant’s solicitors, Pannone Corporate LLP, for compiling the complex and voluminous bundles.