Popular Sydney designers in court clash over handbag

Two popular Sydney designers are again facing off in court over the copyright of a beach-style handbag, with one alleging the other copied her “simple, beautiful and original”.

Two popular Sydney designers are embroiled in a court copyright dispute with one alleging the other copied her “simple, beautiful and original” beach handbag.

State of Escape (SOE) co-founder Brigitte MacGowan claims Chuchka founder Stefanie Schwartz copied her 2013 designed neoprene bag with rope handles.

Ms MacGowan claims Ms Schwartz sold 34 separate bags, which were similar to her originals, court documents show.

State of Escape co-founder and creative director Brigitte MacGowan.

Chuchka founder and Bondi mum Stefanie Schwartz.

After a trial late last year, Federal Court Justice Jennifer Davies ruled Bondi mum Ms Schwartz had “engaged in misleading and deceptive conduct” by promoting her cheaper bag with terms such as: “the classic original tote” and “original neoprene tote bag”.

But Justice Davies did not accept copyright had been breached and last December ordered that SOE should pay 80 per cent of Chuchka’s court costs.

She found Ms Schwartz had “naively” downloaded images of the SOE bag from a website ‘Happy Sport’, and used these to design her neoprene bags.

Ms MacGowan has appealed the decision maintaining her bag is a “work of artistic craftsmanship”,

The Federal Court appeal judges were unusually each given a bag to inspect during a hearing on Monday.

A court exhibit showing the original SOE handbag. Supplied

The court heard the original SOE Bag had a detachable pouch, is made of neoprene and uses sailing rope as handles to wrap around the body and base of the bag, which gives it a “distinctive personality”, according to the designers.

Ms MacGowan designed, sketched and “creatively problem solved” every design aspect of her bag, focusing on “simplicity, beauty and originality”, the court heard.

In the trial, Ms Schwartz relied upon expert handbag manufacturer, Andrew Smith, who said the SOE bag was simply an “evolution of styling” using “very basic” techniques.

Whereas Ms MacGowan’s expert witness designer Claire Beale believed the bag was “unique”.

Examples of Chuchka owner Stefanie Schwartz’ handbag designs, which Brigitte MacGowan says are infringing copyright.

On Monday, both parties reiterated their stances in the matter, with SOE lawyer Bruce Caine QC arguing there should be greater protection for “real artistic effort”.

But Ms Schwartz’ lawyer said the bag was “not artistic craftsmanship”.

The court judgment from last year shows Ms Schwartz accepted statements she made to promote the bag were likely to be misleading, and she did not oppose damages.

The case was adjourned to a future date.

Ms Schwartz told The Daily Telegraph on Monday, Justice Davies correctly found the SOE bag was not a work of artistic craftsmanship.

“She correctly considered and weighed the evidence of the experts presented at trial. If SOE wanted to protect the bag, that opportunity was open to it under the Designs Act,” Ms Schwartz said.

SOE spokeswoman Gill Kingston said they could not comment while the appeal was ongoing.