In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right. Animal admitted that it had imported and sold the gilets.

Superdry claimed both UK and Community unregistered design right protection. Animal argued that the Superdry design was commonplace (in respect of the UK unregistered design) and lacked individual character (in respect of the Community unregistered design). The judge rejected this, finding that the Superdry design had sufficient visual impact. The judge also rejected arguments based on the ‘must fit’ and ‘must match’ exceptions…

Click on the link below to read the rest of the Walker Morris briefing.