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Wednesday, January 6, 2021 The UK IP Enterprise Court has ruled that an Austrian shoe company infringed a registered community design (“ RCD”) held by a US-based sustainable fashion brand although there was no infringement of the corresponding unregistered community design (“ UCD”). The decision is a relatively rare example of a UK, or EU, based Court analyzing fashion items and addressing design novelty issues between 2017 and now. A full copy of the decision can be found here. Background Rothy’s, a California-based brand, launched its “pointed loafer” (the “ Loafer“) (see table 1 below) in November 2017. This was a “ballerina-style” shoe made of knitted material and recycled plastic. Giesswein, an Austrian company, started marketing its “pointy flat” (the ....