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Edwards v Boohoo [2025] EWHC 805 (IPEC): no copying proved despite four valid unregistered designs; guidance on ‘when worn’, multiway garments and design documentation in fast fashion

Published on: 04 June 2025

Published by a LexisNexis IP expert
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Article summary

Independent fashion designer loses design right battle against Boohoo.com (Edwards v Boohoo.com & others)

Edwards v Boohoo.com UK Ltd and others [2025] EWHC 805 (IPEC)

What are the practical implications of the case?

The Intellectual Property Enterprise Court (IPEC) concluded that four of the five designs advanced by the claimant were valid, but not infringed, as there was no evidence that Boohoo had copied them. The ruling reasserts key legal principles on the subsistence of unregistered design rights and delineates the scope of design protection. Even so, the decision stands as a cautionary reminder of the exposure faced by designers who rely on unregistered rights to safeguard garment designs, particularly in the fast fashion arena, where the churn of new styles is exceptionally high. Thus, while most designs subsisted, the claim failed for lack of proof of copying. For designers in fast fashion, the case ultimately illustrates how trends and swift cycles can undermine reliance on unregistered rights...

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