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ARTICLE · 02 DECEMBER 2020

Copyright protection in the bag? Think again.

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The creator of the tote bag lost the copyright infringement claim, as the bag was not a work of artistic craftsmanship.

AustraliaIntellectual Property
Madison Tonkes
Madison Tonkes
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State of Escape Accessories Pty Limited v Schwartz  [2020] FCA 1606

The Australian creator of an on-trend neoprene tote bag, State of Escape Accessories Pty Ltd (State of Escape), has lost a copyright infringement claim in the Federal Court after it found that the bag did not constitute a work of artistic craftsmanship.

State of Escape was the assignee for copyright of the "Escape Bag" which was created by one of the company's directors Ms Brigitte MacGowan. In 2018, State of Escape launched proceedings against Chuchka Bags Pty Ltd (Chuchka) and its director, Stefanie Schwartz, for breach of copyright, passing off and misleading and deceptive conduct under the Australian Consumer Law.

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