That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their distinctive fabric prints are a strong part of their brand identity and what attracts consumers to their garments.

To avoid damage to a brand’s reputation and its exclusivity in the marketplace, it is important that businesses take steps to ensure that their original fabric prints are protected.

In a recent Federal Court of Australia decision, Seafolly Pty Limited v Fewstone Pty Ltd (trading as City Beach) (Seafolly case), Sea-folly Pty Ltd (Seafolly) successfully sued surf shop operator City Beach for infringement of Seafolly’s copyright in three copyright works: two fabric prints and a design that was embroidered onto garments.

Originally published in Ragtrader - July 2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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