The Court of Appeal has ordered Australian company Jeanswest to pay additional damages, but stopped short of imposing a permanent ban, for infringing Dutch clothing firm G-Star Raw's copyright on biker jeans, said to be inspired by how the rain had stretched out a motorcyclist's trousers over his knees.
In a decision yesterday, Justices Ellen France, Tony Randerson and John Wild allowed Jeanswest's appeal to the extent it set aside an earlier High Court judge granting a permanent injunction on its Dean Biker slim jean, but also found the company liable for primary infringement of G-Star's copyright and ordered $50,000 additional damages to the Dutch company.
"The net result is a substantial success for G-Star," the written judgment by the appeal court judges said.
The Dutch firm and one of its distributors alleged Jeanswest sold a style of biker pants that was a copy of a design of biker jeans it has a copyright for. According to G-Star's claim a French designer working for it came up with the design for the Elwood jeans in 1995, and it has since become a signature product selling millions worldwide.
In the High Court decision in October 2013, Justice Paul Heath found Jeanswest liable for secondary rather than primary infringement of G-Star's copyright, ordered an injunction preventing further infringement, and awarded G-Star damages of $325, the amount its competitor had made selling 62 of the 63 Dean Biker jeans it had imported into New Zealand. The Jeanswest product sold for $34.99 compared to the Elwood jeans priced between $260 and $310.
