Kylie Minogue decor brand loses copyright claim
The fabrics company behind the Kylie Minogue At Home range has failed to convince a UK IP court that celebrity Caprice Bourret’s brand copied its designs.
In its judgment, issued Friday, November 21 the English High Court ruled that BCPL, which produces the ‘By Caprice’ range of home decor products, did not infringe Ashley Wilde Group’s copyright.
Ashley Wilde produces a range of interior design and homeware goods, such as bed linen, in association with Australian pop star Kylie Minogue.
The company sued BCPL, alleging that its ‘Amore’ duvet cover and matching bed runner was copied from the Kylie Minogue At Home Evangeline range.
The Amore products were designed by freelancer Fiona Graham and approved for production by Bourret.
According to Ashley Wilde, the Amore duvet cover’s scallop-style pleats pattern was copied from the Evangeline products.
In Friday’s ruling, the court found that the similarities between the products were just as likely to be a coincidence rather than copying.
The shared features of the duvet covers were not “sufficiently close, numerous or extensive” enough to make a finding of copyright infringement, the court said.
The court said that while the scallop-style pleat design was not “commonplace”, it accepted evidence from a BCPL expert that the motif had been “widely used in textiles for centuries.”
The court had also heard that this design feature was enjoying a particular resurgence in popularity in early 2016 when the BCPL products were designed.
In July, a company representing Minogue’s trademark rights suffered a defeat at the European Union Intellectual Property Office (EUIPO), after the Australian singer failed to block registration of a ‘Kylie’ trademark.
In that case, Spanish e-commerce company Saldum Ventures successfully saw off Minogue’s opposition to the ‘Kylie’ mark, which covers goods including sunglasses and watches.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories:
USPTO refuses Drake’s ‘THC’ warning label TM
