On 25 September 2024 Mr Ian Karet (sitting as a judge of the Chancery Division) handed down judgment in Equisafety Limited v Woof Wear Limited [2024] EWHC 2478 (IPEC). His decision will be of interest to those concerned with the application of copyright law to designs. The case concerned three “hi vis” equestrian products – a waistcoat, an elasticated band for a riding hat and a neck band for a horse. There are photographs of the items in the Annex to the judgment.

The judge held that the items were not protected by copyright. He considered the judgment of HHJ Hacon in Response Clothing v The Edinburgh Woollen Mill, the House of Lords case of Hensher v Restawhile, the judgment of Arnold LJ in Wright v BTC Core (Court of Appeal) and the CJEU cases of Levola, Cofemel and Brompton Bicycle. He held that the articles did not satisfy the test for protection as a work of artistic craftsmanship under section 4(1)(c) of the Copyright Designs and Patents Act 1988, nor were they protectable under the principles explained by the Advocate General or the Court in Cofemel.

Michael Hicks, instructed by Tom Phipps and Chris Fotheringham of Ashfords LLP, appeared for the defendant.