article_snippet: Speaking to MailOnline, Jim Dennis, an intellectual property partner at law firm Gordon Dadds, the English member firm at Globalaw, said: 'Kesh’s design is certainly distinctive and the Versace design is strikingly similar.
article_snippet: Provided Kesh’s design is original, then under UK law Provided Kesh’s design will attract copyright as a graphic work. '
article_snippet: Provided Kesh’s design is for the Court to decide whether Versace has copied Kesh’s design but the similarities between the designs are so substantial the Court may readily infer that copying has taken place.
article_snippet: If so, Versace would infringe Kesh’s copyright unless Kesh’s copyright can prove with clear evidence that Kesh’s copyright created Kesh’s copyright design independently and without reference to Kesh’s.
article_snippet: If Kesh’s copyright are found to infringe then Kesh’s copyright may be liable for damages to Kesh or have to hand over Kesh’s copyright profits from sales of the offending t-shirts.'
article_snippet: their design could be protected by both design rights and copyright, and their design certainly looks like a bit of a rip-off.
article_snippet: Many fashion brands rely heavily on both design rights and copyright and at times, it can be complicated and expensive to prove Many fashion brands case.
article_snippet: Copying is very common in the industry. '
article_snippet: Copyright infringement is criminal, and if Kesh registered her design, copying that is also a criminal offence under the new 2014 laws.
article_snippet: If Kesh has a registered design, Kesh will find Kesh has a registered design easier to assert Kesh legal rights now.'