Bristows - Cease & Discuss: Fashion, function, and the future of design law | the CJEU decision in Deity Shoes
Is a designer still a “designer” if they are just picking buckles and laces from a catalogue? In this episode, Simon Clark and Kyrana Hulstein dive into the CJEU’s recent ruling in Deity Shoes SL v. Mundorama Confort SL and Stay Design SL, a case that explores the messy reality of fashion manufacturing and EU design rights.
We break down the Court’s approach to novelty, confirming that designers don’t need to prove their designs are original – what matters is whether the design creates a different overall impression on the informed user. And this can be the case even where its various…
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