docs 2234895v1 JHYM
Seafolly protects its swimwear fabric designs
18 March, 2009
Seafolly is one of Australia’s best known fashion
swimwear brands. Its swimwear is sold
throughout Australia and in over 40 countries throughout the world. In recent years, Seafolly has
found many companies
in Australia and overseas manufacturing swimwear garments use fabrics
which are copies of its original fabric designs. These original and distinctive fabric designs are very
important to Seafolly maintaining its reputation as one of Australia’s leading swimwear brands.
In 2007, Seafolly became aware that Sevcoy had released a swimwear style that was
manufactured from a fabric print which it claimed was a substantial reproduction of its “Tiki stripe”
design therefore infringing Seafolly’s copyright rights in this fabric design. Federal Court
proceedings were issued against Sevcoy and the proceedings were settled out of court between
the parties.
In 2008, Seafolly became aware of a company in Canada
which had released a swimwear style
that was manufactured from a fabric print which Seafolly claimed was a substantial reproduction of
its “Mikado” design therefore infringing Seafolly’s copyright rights in this fabric design. Seafolly
settled this proceeding prior to any court proceedings being issued.
Seafolly also made a claim for copyright infringement against L'Aura Blu Design, a company in
Italy, claiming that it released a swimwear garment manufactured from a fabric design which was a
substantial reproduction of Seafolly’s “Goddess Mailott” fabric design. This case also settled out of
court prior to any proceedings being issued.
Most recently, Seafolly became aware of a “Mooloola” branded swimwear garment in the
marketplace which Seafolly claims is manufactured from a fabric print which is a copy of Seafolly’s
“Zambezi” print. Seafolly has since discovered that the fabric used to manufacture the “Mooloola”
branded swimwear garment was designed by an employee of Fewstone trading as Mooloola
Fashion who directed Australian Downtown Marketing to copy Seafolly’s “Zambezi” design. A
Federal Court Proceeding has been issued against Australian Downtown Marketing and its director
claiming that they have infringed or authorised the infringement of Seafolly’s copyright in the
“Zembezi” print. Seafolly is seeking injunctions against Australian Downtown Marketing and its
director restraining them from dealing in the copy fabric. Seafolly is also seeking an amount in
damages. Federal Court Proceedings were not issued against Fewstone as a commercial
settlement was reached to settle Seafolly’s claim against Fewstone.
Anthony Halas, Chief Executive Officer of Seafolly, said "Seafolly is committed to protecting its
original fabric designs. It is important that Seafolly protect its original fabric designs so that its loyal
customers throughout the world are guaranteed that the garments they purchase feature fabric
designs that are not knocked off by other traders”. He also said that “Seafolly sells its garments
throughout the world and its unique fabric designs have become synonymous with the Seafolly
brand. Action needs to be taken against copiers of Seafolly’s fabric designs to ensure that
Seafolly's reputation as an innovative designer is retained and upheld".
Tony Watson, a Partner of Middletons who acted for Seafolly in each of these cases, said that
"Seafolly, like many other designers in Australia, takes the copying of its original fabric designs
seriously and it currently has one Federal Court proceeding on foot in the Federal Court of
Australia with a further two proceedings likely to be issued within the coming weeks” Mr Watson
also said that “in this competitive marketplace where designers are trying to keep up with fashion
trends it is important for designers to enforce their copyright rights and protect their designs so that
the significant costs of employing a design team to create these original designs can be justified.
By not taking action would be copyists can take these original designs without having to incur the
significant designs costs that are incurred by the likes of Seafolly in coming up with these
innovative designs”. "Middletons acts for a number of Australian fashion designers and it has been
assisting these clients enforce their copyright rights and design rights so that action can be taken
against traders who copy an original designer’s designs”
About Middletons
Middletons is a leading commercial law firm with offices in Melbourne, Sydney and Perth.
We have extensive experience in acting for major corporates and industry leaders and working on
groundbreaking transactions. Clients have chosen our firm because of our comprehensive skills,
industry knowledge and approach to service.
We provide advice in the areas of corporate and commercial, mergers and acquisitions, corporate
finance, intellectual property, information technology, taxation and revenue, managed investments
and superannuation, competition law, commercial litigation, banking and finance, insolvency,
insurance, transport and trade, property development and workplace relations.
Middletons breaks the mould when it comes to big law firms. Size, like expertise and geographical
reach, is a given for our clients. Our lawyers talk our clients' language, but challenge their thinking.
Our approach is different to others; we offer straight talking advice and services built on intellect,
inspiration, influence, involvement, integrity and individuality.
About Seafolly
Since 1975, Seafolly has been at the epicentre of Australian beach lifestyle and has quickly
become one of the most recognised swimwear and beach lifestyle brands worldwide. Spanning the
broad international market, Seafolly is currently stocked in major fashion department stores and
swimwear boutiques around the world.
For further information
Jeremy Hyman | Media and Communications Manager
P: +61 2 9513 2451
E: jeremy.hyman@middletons.com
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