Copyright infringement in handbag designs

Yes, you are right!

The answer is no according to the Federal Court.  Although the Court accepted that the ‘Chuchka’ bag was objectively similar to the ‘Escape’ Bag in terms of the materials used, the dimensions and basic features, there was no finding of copyright infringement.

Importantly, owners of the ‘Escape’ bag did not have a registered design for their products. This would have provided the opportunity for the company to carve out exclusive protection for the shape, configuration, pattern and ornamentation of the Escape Bag.

In order for the ‘Escape’ Bag to still be eligible for copyright protection, it was necessary to establish that it was a “work of artistic craftsmanship”. It wasn’t enough to demonstrate that these features had beauty or aesthetic appeal – there needed to be a “real or substantial artistic element” to the work such that the sailing ropes, press studs and material did more than contribute to the functionality of the bag.

However, owners of the ‘Escape’ bag were more successful in establishing that company importing and selling the ‘Chuckra’ had engaged in misleading and deceptive conduct under the Australian Consumer Law by promoting their bags in conjunction with inaccurate marketing materials and statements.

State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606