STYX Case Analysis and Critical Discussion of the Originality Issue
STYX Case Analysis and Critical Discussion of the Originality Issue
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Introduction
This paper is divided into two main parts. The first part critically examines the evolution of the originality threshold in European Union copyright law following the jurisprudence of the Court of Justice of the European Union (CJEU), particularly after Infopaq, and its transformative impact on the traditional United Kingdom copyright framework. The second part applies intellectual property law principles to the STYX case, assessing trademark opposition, registrability of non-traditional marks, and infringement issues. Together, these analyses demonstrate the increasing complexity and convergence of intellectual property doctrines in modern legal practice.
1. The Europeanisation of Originality
1.1 The Traditional UK Copyright Framework
Historically, UK copyright law adopted a utilitarian and labour-based approach to originality. Under the Copyright, Designs and Patents Act 1988 (CDPA), originality required that a work originated from the author and was not copied, rather than reflecting creativity. This “sweat of the brow” doctrine allowed protection based on effort and skill, as illustrated in University of London Press Ltd v University Tutorial Press Ltd and Ladbroke (Football) Ltd v William Hill (Football) Ltd.
Additionally, the UK system operated under a “closed list” of protected works, requiring subject matter to fall within predefined statutory categories. This rigid structure contrasted sharply with continental European systems, which adopted broader, author-centric approaches.
1.2 The CJEU and the Infopaq Revolution
The turning point came with the CJEU’s decision in Infopaq International A/S v Danske Dagblades Forening, which established that originality requires a work to be the “author’s own intellectual creation.” This marked a significant departure from the UK’s traditional standard by introducing a creativity-based threshold.
Subsequent cases reinforced this approach. In Football Dataco Ltd v Sportradar GmbH, the Court rejected protection for football fixture lists due to the absence of creative freedom. Similarly, Bezpečnostní softwarová asociace extended the standard to graphical interfaces, while UK courts, including in SAS Institute Inc v World Programming Ltd and Meltwater, confirmed the replacement of the traditional doctrine.
This harmonised standard prioritises intellectual creativity over labour, aligning UK copyright law more closely with continental European principles.
1.3 The Decline of the “Closed List”
Although the CDPA formally retains its categorisation of works, CJEU jurisprudence has effectively transformed the system into a principle-based framework. Through teleological interpretation and the doctrine of consistent interpretation, national courts are required to align domestic law with EU directives.
The decision in Levola Hengelo BV v Smilde Foods BV clarified that a “work” must satisfy two criteria: originality and identifiable expression. This autonomous EU definition operates independently of national classifications, thereby weakening the functional relevance of the UK’s closed list.
Similarly, Brompton Bicycle Ltd confirmed that even technically constrained works may qualify for protection if creative choices are present. As a result, UK courts must interpret statutory categories flexibly, effectively rendering the closed list open-ended in practice.
1.4 Critical Evaluation and Post-Brexit Considerations
The Europeanisation of originality has enhanced harmonisation but introduced uncertainty, particularly for works previously protected under the lower threshold. Businesses relying on databases and compilations have faced reduced protection.
Post-Brexit, the UK retains EU-derived law, including the Infopaq standard. However, UK courts are no longer strictly bound by future CJEU decisions, creating the potential for divergence. While a full return to the “sweat of the brow” doctrine is unlikely, future developments may produce a hybrid originality standard reflecting both traditions.
2. Legal Analysis of the STYX Case
2.1 Opposition to the STIX Trademark
Laura’s opposition to Persephone Ltd’s application for “STIX” can be grounded in Section 5(3) of the Trade Marks Act 1994. This provision protects marks with a reputation against dilution, tarnishment, or unfair advantage, even for dissimilar goods.
The similarity between “STYX” and “STIX” is high both visually and phonetically, increasing the likelihood of consumer association. Given the luxury positioning of STYX, association with abrasive sandpaper products risks reputational harm. Laura’s established market presence strengthens her claim.
Provided sufficient evidence of reputation—such as sales data, advertising reach, and consumer recognition—Laura is likely to succeed in preventing registration.
2.2 Registrability of the Cupcake-Shaped Jar
Shape marks face significant barriers under Section 3(2) of the Trade Marks Act 1994, particularly where the shape adds substantial value to the goods. Laura’s cupcake-shaped jar, while distinctive and commercially successful, may fall within this exclusion.
The key issue is whether the shape functions as a badge of origin or merely as aesthetic packaging. The presence of the STYX word mark weakens the argument that the shape independently indicates origin.
To overcome this, Laura must demonstrate acquired distinctiveness through consumer surveys, marketing evidence, and proof of recognition. While registration is possible, it remains legally challenging.
2.3 Infringement by SLYX Perfumes
Wilson Ltd’s use of “SLYX” for perfumes raises clear infringement concerns under Sections 10(2) and 10(3) of the Trade Marks Act 1994. The similarity between STYX and SLYX, combined with overlapping product categories, creates a strong likelihood of confusion.
Additionally, the lower quality of SLYX products risks tarnishing the reputation of the STYX brand. This constitutes actionable harm under trademark dilution principles.
Laura also has a viable passing off claim, supported by established goodwill, misrepresentation, and damage. The proximity of goods in retail environments further strengthens this argument.
2.4 Enforcement Strategy
Laura should initiate enforcement through a cease-and-desist letter, followed by legal action if necessary. Injunctive relief would be appropriate to prevent ongoing harm. Given the strength of her claims, she is highly likely to succeed in both statutory infringement and passing off actions.
Conclusion
The STYX case highlights the evolving nature of intellectual property law, where both copyright and trademark doctrines are shaped by broader legal and economic developments. The Europeanisation of originality has fundamentally transformed UK copyright law, replacing traditional doctrines with a harmonised, creativity-based standard. Meanwhile, Laura’s trademark challenges illustrate the importance of strategic brand protection in competitive markets.
Across all issues, the central theme is the growing emphasis on distinctiveness, reputation, and consumer perception. As legal frameworks continue to evolve, businesses must adopt proactive and evidence-based approaches to safeguard their intellectual property assets.
References
Bently, L., Sherman, B., Gangjee, D., & Johnson, P. (2022). Intellectual property law. Oxford University Press.
Derclaye, E. (2013). The impact of Infopaq on UK copyright law. European Intellectual Property Review, 35(5), 247–251.
Griffiths, J. (2025). Goodwill and passing off. Retrieved from SSRN.
Ramalho, A. (2019). Author’s own intellectual creation. Journal of Intellectual Property Law & Practice, 14(4), 267–277.
Senftleben, M. (2009). Trademark dilution concepts. IIC, 40(1), 45–77.