Leading Australian swimwear brand, Seafolly, has won a long-running lawsuit against Fewstone (trading as City Beach) who copied its bikini designs.
The bikini battle lasted almost two years and cost City Beach $250,000 in damages.
The court case centred on Seafolly's top bikini designs-its English Rose print bikini, popular Covent Garden floral design, and Senorita prints.
City Beach was found by the Federal Court to have knocked-off Seafolly's bikini designs, and then sold them in its 60 stores Australia-wide under its own brands.
This decision follows the earlier decision of the Full Federal Court in Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197. In that case, Cotton On and its designers had used the Elwood Clothing designs as a reference to create a product with 'the same look and feel' as the Elwood clothing but would have enough differences not to constitute an infringement of the copyright of Elwood Clothing. …show more content…
While there may have been some differences with visual elements, infringment occured because of the style, selection, layout and arrangement design elements were copied.
The Federal Court has again made it clear there are considerable dangers in riding on the coattails of successful styles in the fashion industry. It is important to make sure your designs are original. …show more content…
And it serves as a helpful reminder on the use of Facebook
The bikini battle lasted almost two years and cost City Beach $250,000 in damages.
The court case centred on Seafolly's top bikini designs-its English Rose print bikini, popular Covent Garden floral design, and Senorita prints.
City Beach was found by the Federal Court to have knocked-off Seafolly's bikini designs, and then sold them in its 60 stores Australia-wide under its own brands.
This decision follows the earlier decision of the Full Federal Court in Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCAFC 197. In that case, Cotton On and its designers had used the Elwood Clothing designs as a reference to create a product with 'the same look and feel' as the Elwood clothing but would have enough differences not to constitute an infringement of the copyright of Elwood Clothing. …show more content…
While there may have been some differences with visual elements, infringment occured because of the style, selection, layout and arrangement design elements were copied.
The Federal Court has again made it clear there are considerable dangers in riding on the coattails of successful styles in the fashion industry. It is important to make sure your designs are original. …show more content…
And it serves as a helpful reminder on the use of Facebook