Dragons’ Den winner who scooped £100,000 on the present loses High Court copyright struggle towards rival agency she says copied her hi-vis horseriding gear

A Dragons’ Den winner has lost a High Court copyright fight to get her hi-vis horseriding waistcoat recognised as ‘art’ after claiming a rival firm copied her

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 equestrian and designer, who has worked alongside dressage Olympians Charlotte Dujardin and Carl Hester to create new product lines, has lost her High Court fight with fellow fashion horseriding kit manufacturers, Woof Wear Ltd.

A judge said that whilst Nicola Fletcher’s bright yellow riding waistcoat is ‘more attractive than a builder’s vest’ there is not enough ‘artistic craftsmanship’ involved in its design for it to be protected by copyright from imitators.

Ms Fletcher claimed the rival company imitated three of her fashionable safety wear designs – a rider’s hi-vis hat band, a waistcoat, and a neck band tailored for a horse.

She said she had used her ‘skills and artistic craftsmanship’ to create the products but Woof Wear denied imitation and insisted the hi-vis garments aren’t protected by copyright because they are not art.

Now despite conceding the waistcoat is ‘more attractive than a builder’s vest,’ Judge Ian Keret has thrown out Ms Fletcher’s claim after finding none of the designs are ‘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 insisted the Equisafety case had to fail unless Ms Fletcher could prove her pieces are artistic rather than work wear.

Mr Hicks 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.

‘The claimant’s fundamental problem is that articles of the kind in issue are simply not protectable as works of artistic craftsmanship.’ 

During the trial, Mrs Fletcher had told the judge about her struggle to carve out a new niche in the tough equestrian world and convince the riding community that safety gear could be fashionable too.

As a qualified sportswear and fashion designer, she viewed her role as to ‘design and create through sketches and graphic drawings new works of art works that can be turned into 3D items,’ said the judge.

He accepted the efforts made by Ms Fletcher and her company to create high quality hi-vis products

It was noted how she has made repeated trips to China over the years to monitor production and ‘sits with the manufacturers to make the samples of the items she has drawn.’   

‘She described how the factory staff were amused by her approach of working with them in person,’ he said. 

‘She communicates with them through her drawings and working with CAD machines to create the patterns.’ 

After hearing evidence during a day-long trial earlier this year, the judge said in his ruling last week: ‘The waistcoat has features that make it more attractive in the equine market than a mass market builder’s vest, but they respond to the requirements of the specific use in horse riding for which the waistcoat is intended.

‘It is fitted so that it does not flap about in use, and it is given its shape by the Velcro tabs. 

‘The waistcoat is not the work of an artist and craftsman under the Copyright, Designs and Patents Act.’ 

‘Similarly the hat band and neck band are each made of reflective material adapted to fit the specified use as a hat band or a horse’s neck band. 

‘These are functional items that are dictated by form. They are not original…they are not works of an artist and craftsman.

‘I appreciate that Ms Fletcher genuinely considers that she has created a valuable market segment in high vis apparel for riders and that her products deserve copyright protection. 

‘That does not, however, mean that the test for copyright protection has been met.’ 

He rejected her claims of breach of copyright in relation to any of the items, meaning Woof Wear can go on to sell its products. 

During the trial, Ms Fletcher told the court 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 added, 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. This is a unique design which you can wear in summer or in winter or over a body protector.’