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Did the Danish Supreme Court Give the Fashion Industry the Kantian Boot?

Kianzad, Behrang LU (2021) In GRUR International 70(2). p.159-163
Abstract
The long-running case,1 which revolved around the brightly colored, fashionable leather boots by iconic Danish designer Ilse Jacobsen, ended with the Danish and European fashion industry on the receiving end of the legal boot. The Danish Supreme Court stopped short of awarding copyright to Ilse Jacobsen as a reward for her ‘free and independent creative effort’ in regard to the design of the now iconic rubber boots ‘RUB 1’, bringing together elements from traditional, long-laced leather boots with elements from rubber boots with laces. Nor did the Court embrace the claim by Ilse Jacobsen that the goods imported by Morsø Sko Import displayed such a degree of similarity that they violated the imitation ban per the Danish Marketing Practices... (More)
The long-running case,1 which revolved around the brightly colored, fashionable leather boots by iconic Danish designer Ilse Jacobsen, ended with the Danish and European fashion industry on the receiving end of the legal boot. The Danish Supreme Court stopped short of awarding copyright to Ilse Jacobsen as a reward for her ‘free and independent creative effort’ in regard to the design of the now iconic rubber boots ‘RUB 1’, bringing together elements from traditional, long-laced leather boots with elements from rubber boots with laces. Nor did the Court embrace the claim by Ilse Jacobsen that the goods imported by Morsø Sko Import displayed such a degree of similarity that they violated the imitation ban per the Danish Marketing Practices Act. Thus, the five-year legal saga ended with Ilse Jacobsen and the Danish fashion industry voicing dissatisfaction over a perceived diminishment of protection for creativity and design within the fashion industry, thereby jeopardizing investments and innovation. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
in
GRUR International
volume
70
issue
2
pages
5 pages
publisher
Oxford University Press
external identifiers
  • scopus:85160523435
ISSN
2632-8623
DOI
10.1093/grurint/ikaa181
language
English
LU publication?
no
id
1302ea83-609f-4f70-b0d5-74e62168a7da
date added to LUP
2024-09-27 16:15:36
date last changed
2024-09-30 14:03:08
@article{1302ea83-609f-4f70-b0d5-74e62168a7da,
  abstract     = {{The long-running case,1 which revolved around the brightly colored, fashionable leather boots by iconic Danish designer Ilse Jacobsen, ended with the Danish and European fashion industry on the receiving end of the legal boot. The Danish Supreme Court stopped short of awarding copyright to Ilse Jacobsen as a reward for her ‘free and independent creative effort’ in regard to the design of the now iconic rubber boots ‘RUB 1’, bringing together elements from traditional, long-laced leather boots with elements from rubber boots with laces. Nor did the Court embrace the claim by Ilse Jacobsen that the goods imported by Morsø Sko Import displayed such a degree of similarity that they violated the imitation ban per the Danish Marketing Practices Act. Thus, the five-year legal saga ended with Ilse Jacobsen and the Danish fashion industry voicing dissatisfaction over a perceived diminishment of protection for creativity and design within the fashion industry, thereby jeopardizing investments and innovation.}},
  author       = {{Kianzad, Behrang}},
  issn         = {{2632-8623}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{159--163}},
  publisher    = {{Oxford University Press}},
  series       = {{GRUR International}},
  title        = {{Did the Danish Supreme Court Give the Fashion Industry the Kantian Boot?}},
  url          = {{http://dx.doi.org/10.1093/grurint/ikaa181}},
  doi          = {{10.1093/grurint/ikaa181}},
  volume       = {{70}},
  year         = {{2021}},
}