Ahmet Erol v Posh Fashion Limited
Decision date: 8 February 2022
Neutral citation: [2022] EWHC 195 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This was a design-right infringement claim by Mr Erol in respect of two registered garment designs (a hoody and a T-shirt) featuring a "London+Flag+England" legend. The court found the garments themselves unexceptional, accepted a 1999 Urban Attitude brochure as prior art showing the same legend, and held both registrations invalid for lack of individual character; the infringement claim therefore failed. A late application to rely on a UKIPO decision was refused.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Where a garment design is unexceptional, the question of novelty and individual character turns on any distinctive motif or legend and the registered colours; if an identical or clearly similar motif and colours were made available to the public before the relevant date, the registered design lacks individual character. Common, frequently used colours shown in a registration form part of the claimed design but will not alone confer individual character.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judgment suggests that allegations of forgery require strong supporting evidence (for example production of originals) and that evidence of widespread prior use by multiple traders can rebut forgery claims and corroborate public availability of prior art.