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Amina Hays, who took the photograph of the mannequin after spotting it in Upper Street brand of Whistles, said she found it 'revolting'.
Due to the transient nature of fashion which militates against the cost of registered designs, the unregistered Community design which lasts for three years is an integral part of a fashion designer/retailer’s IP tool kit. In the event that the CJEU affirm the Advocate General’s Opinion, the undoubted winners will therefore be mid to high end fashion designers and retailers. This approach gives them comfort that provided a new design possesses an individual character when contrasted with existing whole designs, they will be able to enforce a right in that design against those who copy it.
The Supreme Court asked the CJEU to rule on two aspects of how the ‘individual character’ of a design is to be assessed, which can be summarised as follows:
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