G-Star Raw CV v Rhodi Ltd & ors [2015] EWHC 216 (Ch)
This was an action for infringement of unregistered UK design right. The claimant was the well-known fashion brand, G-Star. The defendants were responsible for the ‘Voi’ brand of jeans and casual clothing. The case related to the claimant’s pioneering ‘Arc’ jean design. The claimant said that certain design rights in that design had been infringed by 9 different Voi products. All the Voi products were manufactured overseas. There had been a prior set of proceedings between the parties in 2010, also relating to the ‘Arc’ jean. Those had been compromised in a confidential settlement which included conditions relating to the subsequent conduct of the defendants. In the present case, the defendants submitted that in light of those earlier proceedings, they would have been foolhardy to risk any further trespass on the claimant’s rights, a fortiori in respect of the ‘Arc’ design.
The judge held that all 9 of the Voi products were copied from and made substantially to all the ‘Arc’ designs asserted, and that, in light of the earlier proceedings, the defendants knew or had reason to believe that the Voi products were infringing articles. The personal defendants were held not to be liable as joint tortfeasors.
Hugo Cuddigan acted for G-Star.
G-Star Raw CV v Rhodi Ltd & ors [2015] EWHC 216 (Ch)