A design that is protected can be of the whole or a part of a product resulting from the features of, in particular, the contours, lines, shape, colour, texture or materials of the product or its ornamentation (section 1(2), RDA). This can include the get up, packaging, graphic symbols and typographic typefaces. A three-dimensional design, such as an article, can be protected as well as a two-dimensional design, such as a character images or surface pattern, logos or software icons. Protection is across all sectors, which may well assist brand owners in trying to protect trade dress as they only have to submit the one application (as well as considering protection by means of trade mark registration and passing off). The design does not have to have any artistic merit, and can be a sculpture or handicraft item.
On Thursday 15 July 2021, Sony Music Entertainment (‘Sony Music’) filed a copyright infringement suit against gym wear apparel giant Gymshark over the use of