From the battlefield to "Y2K", and now the
S/S'23 runway, "cargo trousers", or "cargo
pants", have been a British clothing staple for more than 80
years. Therefore, the hurdle to be able to rely on unregistered
design rights to protect such designs in the UK is high in such a
crowded field; designers must be able to rebut any claim that their
designs are not sufficiently "original". A UK judgment,
handed down last week, highlights the need for designers to assess
the merits of their case before asserting infringement of UK
unregistered design right (UKUDR) before the UK Court.
THE CARGO TREND
Cargo pants were first sported by the British Armed Forces as
functional battle dress for World War II. Made from durable fabric
with loose straight trouser legs, robust stitching and large side
pockets to hold troops' essentials on the battlefield, they are
the archetypal functional garment. Cargo pants have also remained a
popular workwear item, worn in a wide range of
