Nabavi & Anor v Guild [2002] EWCA Civ 316 (14 March 2002)

Nabavi & Anor v Guild [2002] EWCA Civ 316 (14 March 2002)

The Court of Appeal held that the judge erred in attributing originality in the designs solely to Mrs Guild, as the key design features were either collaborative or not sufficiently original. The garments produced by Mr Nabavi were not shown to be copies of original designs by Mrs Guild, and the differences in...

Source-derived case information.

Citation
[2002] EWCA Civ 316
Parties
Appellant: Eskandar Nabavi; Appellant: Eskandar Limited; Respondent: Shirin Guild
Jurisdiction
England and Wales
Judgment Date
14 March 2002
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim for design right infringement dismissed
Legal Topics
Design Right, Copyright, Originality, Infringement, Groundless Threats
Intellectual Property Design Right Copyright Originality Infringement Groundless Threats

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Summary, issues, holding and outcome

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Parties

Eskandar Nabavi

Appellant

Eskandar Limited

Appellant

Shirin Guild

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mrs Guild's designs were original and entitled to design right protection
  2. 2 Whether Mr Nabavi copied the designs and infringed design right
  3. 3 Whether the garments produced by Mr Nabavi were made substantially to Mrs Guild's designs

Ratio Decidendi

The Court of Appeal held that the judge erred in attributing originality in the designs solely to Mrs Guild, as the key design features were either collaborative or not sufficiently original. The garments produced by Mr Nabavi were not shown to be copies of original designs by Mrs Guild, and the differences in dimensions and features were significant. Therefore, the claim for design right infringement failed.

Court Disposition

Appeal allowed; claim for design right infringement dismissed

Orders

  • Mrs Guild's claim for design right infringement is dismissed
  • No injunction or damages awarded against Mr Nabavi