Bristows - Cease & Discuss: Fashion, function, and the future of design law | the CJEU decision in Deity Shoes

Is a designer still a “designer” if they are just picking buckles and laces from a catalogue? In this episode, Simon Clark and Kyrana Hulstein dive into the CJEU’s recent ruling in Deity Shoes SL v. Mundorama Confort SL and Stay Design SL, a case that explores the messy reality of fashion manufacturing and EU design rights.We break down the Court’s approach to novelty, confirming that designers don’t need to prove their designs are original – what matters is whether the design creates a different overall impression on the informed user. And this can be the case even where its various elements have appeared in previous designs. We also discuss why following fashion trends won’t give you a free pass for minor design similarities. Finally, we look at the bigger picture: the intersection of design and copyright law, and what the UK’s 2025 Designs Review could mean for the future of design rights in a post-Brexit landscape.