Because no design registration took place, Basil had to invoke its copyrights and its unregistered design rights. The claim based on copyright failed. The design is too basic and its looks are determined by function. The claim based on an unregistered design do stick, however.
The combination of the distinctive elements are not found in any existing baskets. The Java basket does not differ sufficiently from this, and it was also based on the Basil design. Basil’s claim on design rights was therefore successful. The only drawback is that the prohibition and the damages were limited. An unregistered design only has a life span of three years. An actual registration can last up to 25 years and would have earned Basil much higher damages.