G-Star Raw Cv v Rhodi Ltd & Ors [2015] EWHC 216 (Ch) (06 February 2015)

G-Star Raw Cv v Rhodi Ltd & Ors [2015] EWHC 216 (Ch) (06 February 2015)

Unregistered design rights subsist in the Arc Pant Designs and are owned by G-Star. The Rhodi Styles, particularly the Ibaraki and Bowral, are substantially similar to and copied from the Arc Pant Designs. The remaining Rhodi Styles are also found to be copied, with minor alterations insufficient to avoid infringement. The Defendants, through importation and sale, committed acts of secondary infringement under the CDPA, and had reason to believe the articles were infringing. G-Star provided satisfactory evidence of breach post-2010 proceedings. The Defendants' counterclaim for non-infringement and repayment fails.

Citation
[2015] EWHC 216 (Ch)
Parties
Claimant: G-STAR RAW CV; Defendant: Rhodi Limited; Defendant: Rhodi Inc. Imports Limited; Defendant: Voi Jeans Limited; Defendant: Rhodi Marketing LLP; Defendant: Rhodi Suppliers Limited; Defendant: Rhodi Group Limited; Defendant: Asif Ibrahim Bux (formerly PATEL); Defendant: Firoz Ibrahim Bux (formerly PATEL)
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Intellectual Property Unregistered Design Right Infringement / High Court (chancery Division) Judgment
Outcome
Claim allowed in part; Defendants found liable for secondary infringement of unregistered design rights. Counterclaim dismissed.
Legal Topics
Unregistered Design Right, Secondary Infringement, Copyright Designs and Patents Act 1988, Design Infringement, Fashion Law
Intellectual Property Law Unregistered Design Right Secondary Infringement Copyright Designs and Patents Act 1988 Design Infringement Fashion Law

Case Brief

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Parties

G-STAR RAW CV

Claimant

Rhodi Limited

Defendant

Rhodi Inc. Imports Limited

Defendant

Voi Jeans Limited

Defendant

Rhodi Marketing LLP

Defendant

Rhodi Suppliers Limited

Defendant

Rhodi Group Limited

Defendant

Asif Ibrahim Bux (formerly PATEL)

Defendant

Firoz Ibrahim Bux (formerly PATEL)

Defendant

Procedural Posture

Intellectual Property Unregistered Design Right Infringement / High Court (chancery Division) Judgment

Legal Issues

  1. 1 Whether unregistered design rights subsist in the Arc Pant Designs and are owned by G-Star
  2. 2 Whether the Rhodi Styles were made substantially to the Arc Pant Designs
  3. 3 Whether the Rhodi Styles were copied from the Arc Pant or independently created

Ratio Decidendi

Unregistered design rights subsist in the Arc Pant Designs and are owned by G-Star. The Rhodi Styles, particularly the Ibaraki and Bowral, are substantially similar to and copied from the Arc Pant Designs. The remaining Rhodi Styles are also found to be copied, with minor alterations insufficient to avoid infringement. The Defendants, through importation and sale, committed acts of secondary infringement under the CDPA, and had reason to believe the articles were infringing. G-Star provided satisfactory evidence of breach post-2010 proceedings. The Defendants' counterclaim for non-infringement and repayment fails.

Court Disposition

Claim allowed in part; Defendants found liable for secondary infringement of unregistered design rights. Counterclaim dismissed.

Orders

  • Injunction granted restraining further infringement of the Arc Pant Designs
  • Order for delivery up of infringing articles