Copyright protection of a lace design

Ip world
PubliƩ le 3 April 2026

The Lille judicial court was called upon to rule both on the eligibility of a lace design for copyright protection and on the existence of acts of infringement.

In this case, the company Dentelle Sophie claimed rights to a lace pattern consisting of floral elements combined with polka dots, arranged in a specific symmetrical pattern.

It argued that this design resulted from its own aesthetic choices and accused the company Stokomani of having reproduced this design on garments sold commercially. The defendant disputed any originality, arguing that these motifs belong to the common repertoire of lace, and produced examples to support its argument.

In a decision rendered on December 18, 2025, the Lille judicial court upheld the originality of the design in question and held that its exact reproduction on clothing items constitutes copyright infringement.

The judges noted that, while the elements taken in isolation are common in the field of lace, their specific combination—in terms of their arrangement, sequence, and overall balance—gives the work a distinct appearance that reflects the personality of its creator. Consequently, the design is eligible for protection.

Having found that the products in question reproduced this design without significant modification, the court ruled that they constituted acts of infringement.

This decision serves as a reminder that originality can lie in the arrangement of known elements, provided that such arrangement reflects a personal creative contribution.

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