Intellectual property: Theft or inspiration? Clear findings on copyright infringement

In a recent decision of the Federal Court of Australia, Seafolly Pty Limited v Fewstone Pty Ltd [2014] FCA 321, Justice Dodds- Streeton found that Fewstone Pty Ltd trading as City Beach Australia (City Beach) infringed copyright in three of Seafolly's copyright works. City Beach was ordered to pay $250,333.06 in damages to Seafolly as a result of its infringing conduct. Seafolly alleged that City Beach had infringed copyright in three of its original copyright works, being the English Rose print, the Covent Garden print and the Senorita embroidery. These copyright works were each featured on garments released as part of the Seafolly Summer 2010 range. Seafolly alleged that the corresponding City Beach designs reproduced a substantial part of the relevant Seafolly works.