Because there are no design rights, the first matter is whether the Avelon jack is protected by copyright. According to the court, this is the case. It is new compared to what is in the market and there are clear creative choices.
In order to constitute infringement, the jacks must be similar. The protected characteristics from one jacket can clearly be seen in the other, giving it the same overall impression. According to the Court, the differences between the jacket are so small that the overall impression is pretty much the same. Resulting in a ban on the sale of the jacket with a penalty of up to 50,000 euros.
