Nikki has been marketing a red-black dress with a zigzag pattern since 2018. When Just Dai comes with a similar pattern on a pair of pants and a top body, she seeks a ban order.
Nikkie submits her original design drawings. The judge concludes that this pattern is the result of creative choices made by the designer, and holds that the design is copyright protected.
The design is also clearly different from the zigzag patterns that Just Dai has found. Because this eye-catching pattern is used, the overall impression is the same. The fact that this concerns a pair of trousers and body top is irrelevant, nor is the different colour scheme. The result: infringement is assumed, prohibition is ordered, along with a profit transfer, payment of the costs of the legal proceedings.
