A FORMER Dragons’ Den winner who made a fortune from fashionable hi-vis horse riding gear is locked in a court fight with a rival over whether her designs are "art".
Nicola Fletcher - dubbed “the queen of hi-vis” - launched her company Equisafety Ltd in 2010, and in 2015 went on to scoop a £100,000 investment after offers by TV Dragons, Duncan Bannatyne and Piers Linney.
But the keen equestrian and designer - who has worked alongside dressage Olympians Charlotte Dujardin and Carl Hester to create new product lines - is now in a High Court copyright row with fellow trendy horseriding kit manufacturers, Woof Wear Ltd.
She is accusing the rival company of breaching the copyright in three of her company's fashionable safety wear designs - a rider’s hi-vis hat band, a waistcoat, and a neck band tailored for a horse.
Ms Fletcher says she used her "skills and artistic craftsmanship" to design groundbreaking trendy hi vis gear and struggled for years to convince the riding community that safety gear could be fashionable too.
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But lawyers for Woof Wear deny breach, insisting that the disputed hi-vis garments aren’t protected by copyright because “they are not works of artistic craftsmanship”.
London's High Court heard that the dispute began after Woof Wear displayed three allegedly similar products to Ms Fletcher's designs at a trade show two years ago.
“(Woof Wear) exhibited three products alleged to infringe the claimant’s copyright at the Beta International Show 2022," explained Woof Wear's KC, Michael Hicks.
“Following a complaint from Equisafety the defendant immediately withdrew the goods complained of from sale pending resolution of this dispute. None has been sold."
Woof Wear insists however that the disputed hi-vis garments aren’t protected by copyright because “they are not works of artistic craftsmanship”.
The company’s barrister said that her case must fail unless she can prove that the pieces are artistic rather than work wear, and that in any event some of her designs pre-dated the launch of Equisafety.
“In order to simplify the case, the defendant accepts that if copyright subsists as alleged and is owned by the claimant, the sale of the three products complained of will infringe," he told the judge.
But he went on to argue that the items in dispute were purely functional hi-vis products, which had to be seen as everyday working clothing, not unique designs.
“The items in question are ‘high visibility’ or ‘high vis’ products," he said.
“Their purpose, which is important for safety, is to ensure that riders and their horses can be seen. They are not fashion or decorative items.
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“The claimant’s fundamental problem is that articles of the kind in issue are simply not protectable as works of artistic craftsmanship."
'SOMETHING MORE ARTISTIC'
Representing her company in court, Ms Fletcher however said she had set out to produce alluring safety wear for the equestrian market as she wished to create “something more artistic”.
“It was an uphill struggle," she told the judge, as she had to convince the riding community that hi-vis safety gear could look glamorous.
“I heard people say countless times ‘I wouldn't be seen dead in that’," said the designer, who herself also competes in dressage, but in the end she managed to win over the doubters.
“I used my skills and artistic craftsmanship to design this waistcoat,” she told Deputy Judge Ian Karet, referring to one of the items she claims Woof Wear has breached copyright in.
“This is a unique design which you can wear in summer or in winter - or over a body protector.”
Judge Karet will give his ruling in the case at a later date.
