Original Beauty Technology & Ors v G4K Fashion Ltd & Ors

Original Beauty Technology & Ors v G4K Fashion Ltd & Ors

The Defendants infringed the Claimants’ UK and Community unregistered design rights in 7 out of 20 representative garments by copying and producing articles substantially to the Claimants’ designs. The Defendants’ conduct was sufficiently flagrant to warrant additional damages. However, the Claimants failed to prove actionable misrepresentation or deception necessary for passing off; there was insufficient evidence that consumers believed Oh Polly was a sister brand to House of CB.

Parties
Claimant: Original Beauty Technology Company Limited; Claimant: Linhope International Limited; Claimant: Retail Inc Limited; Defendant: G4K Fashion Limited; Defendant: Claire Lorraine Henderson; Defendant: Michael John Branney; Defendant: Oh Polly Limited
Jurisdiction
England and Wales
Judgment Date
24 February 2021
Procedural Posture
Intellectual Property (design Right and Passing Off) / Judgment After Full Trial
Outcome
Claim allowed in part; design right infringement found in 7 garments; passing off claim dismissed.
Legal Topics
Unregistered Design Right, Community Unregistered Design Right, Passing Off, Copyright, Fashion Law
Intellectual Property Civil Procedure Unregistered Design Right Community Unregistered Design Right Passing Off Copyright Fashion Law

Case Brief

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Parties

Original Beauty Technology Company Limited

Claimant

Linhope International Limited

Claimant

Retail Inc Limited

Claimant

G4K Fashion Limited

Defendant

Claire Lorraine Henderson

Defendant

Michael John Branney

Defendant

Oh Polly Limited

Defendant

Procedural Posture

Intellectual Property (design Right and Passing Off) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Defendants infringed the Claimants’ UK and Community unregistered design rights in various garments
  2. 2 Whether the Defendants passed off their business as a sister brand of the Claimants’ business (House of CB)
  3. 3 Whether the Claimants’ designs were original and not commonplace

Ratio Decidendi

The Defendants infringed the Claimants’ UK and Community unregistered design rights in 7 out of 20 representative garments by copying and producing articles substantially to the Claimants’ designs. The Defendants’ conduct was sufficiently flagrant to warrant additional damages. However, the Claimants failed to prove actionable misrepresentation or deception necessary for passing off; there was insufficient evidence that consumers believed Oh Polly was a sister brand to House of CB.

Court Disposition

Claim allowed in part; design right infringement found in 7 garments; passing off claim dismissed.

Orders

  • Declaration of infringement of UK and Community unregistered design rights in 7 garments (D2, D4, D12, D13, D35, D61, D91)
  • Declaration that other designs are not infringed