Elwood Clothing v Cotton On Clothing

This case involved designs on T-shirts and on swing tags, comprised of both words and numbers.
In each case, the relevant works were found to be artistic, not literary, works, as the function of the words and numbers was visual, not semiotic. Infringement was not, however, made out, as the rival company had merely copied the overall design shape and layout – these were ideas and not a “substantial part” of the drawings.

Elwood Clothing Pty Ltd v Cotton On Clothing Pty Ltd [2008] FCA 447 (7 April 2008)