an article in the Guardian, "that sweater" (left) was designed and hand-knitted by Faeroe Island designers Gudrun & Gudrun, who have succeeded against competitors Stof og Sy ("fabric and sewing") in Copenhagen. The infringers sold patterns and wool rather than complete jerseys.
(a) the design was inspired by traditional Faeroe Island patterns, but
(b) fitted to Ms Lund, and
(c) hand knitted on the Faeroes.
The Guardian says it was a copyright infringement case (but newspapers do get these things wrong). What would the outcome have been in the UK? No doubt that the result as shown is aesthetically appealing, but is it the jersey, or "the package" (as Walton J put it in Merlet v Mothercare in the UK)? Particular hand-knitted jerseys were found to be "works of artistic craftsmanship" in New Zealand (Bonz v Cooke), but the traditional nature of the pattern in this case perhaps calls into question the level of artistry. So, does the sweater merit life-plus-70 years of protection? What do readers think? Comments (particularly from Scandinavian readers) welcome.
On the general subject of knitwear as infringement, it seems that the BBC amicably settled their notorious 2008 claim against knitter Mazzmatazz over her knitwear Dalek. Once more, ADR knits up the ravelled sleeve of care. Indeed, their US site now has a knitting circle page featuring all manner of Whovian knitwear.
And on the general subject of Scandinavia, Class 99-er David Stone will be joining others at a seminar entitled "10 years – experience of Community Design law", run by the Danish Association of Intellectual Property Attorneys ("ADIPA") in Copenhagen on 12 April. The flyer is here, and ADIPA want your money as soon as possible. Since OHIM's own 10 year celebration is on 8-9 April in Alicante, you may wish to keep that week clear and check the flight times well in advance.