In the case of Equisafety Ltd v Woof Wear Ltd, Judge Ian Karat of the Intellectual Property Enterprise Court dismissed the Claimant's copyright infringement allegations regarding equestrian garments, determining they did not meet the criteria for artistic craftsmanship under the Copyright, Designs and Patents Act 1988. Even if they had qualified, the Claimant failed to prove ownership, leading to the claim's inevitable failure. This case underscores the ongoing tension between domestic copyright standards and EU law, particularly concerning originality and aesthetic appeal. The court's reluctance to address this inconsistency leaves unresolved legal principles, with anticipation surrounding the forthcoming WaterRower decision.
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Read the full article on the original webpage: https://copyrightblog.kluweriplaw.com/2024/11/11/horses-for-courses-english-court-refuses-copyright-protection-for-equestrian-garments-as-works-of-artistic-craftsmanship/
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