Designers appeal to Lords

Designers Guild and Russell Williams (Textiles) may go to the House of Lords in a copyright tussle. Designers Guild successfully sued Russell Williams in the High Court last year, alleging infringement of copyright in one of its fabric designs. However, Russell Williams succeeded in overturning the decision on appeal. The Appeal Court ruled there had been no copying of the whole of Designers Guild's design. Designers Guild has applied for leave to appeal to the House of Lords. If leave is given, the appeal will centre on the question of what constitutes a "substantial part" of a design for the purposes of infringement under the Copyright, Designs and Patents Act 1988, and whether the copying carried out in this case was "substantial".