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Kylie Minogue’s homeware brand loses legal battle with By Caprice Home after accusing firm of copying bed-linen designs

KYLIE Minogue's bed linen company lost the right to appeal in the High Court after accusing Caprice's decor brand of ripping off designs.

The British textile company behind Kylie Minogue At Home - Ashley Wilde Group - refused to back down on a decision made in November but has been told by a judge that an appeal had "no real prospect of success".

 A British textile company behind Kylie Minogue At Home lost its right to appeal a decision that found By Caprice Home had not ripped off its designs
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A British textile company behind Kylie Minogue At Home lost its right to appeal a decision that found By Caprice Home had not ripped off its designsCredit: Getty - Contributor

The company lost a two-year legal dispute after they alleged By Caprice Home had ripped off its patterns, including "pleats" and "scalloped shaped pleats".

Dancing On Ice star Caprice was among those who gave evidence as part of the proceedings, and earned praise from the judge for her honest evidence and for being a credible and reliable witness.

Court documents have since revealed Lord Justice Floyd blocked Ashley Wilde Group's application to appeal the decision, marking it "refused" and adding: "The judge made no error in her previous approach".

The previous decision had already concluded that the features on the duvet covers had been used in high fashion for centuries.

 Caprice Bourret set up her By Caprice Home brand in 2006
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Caprice Bourret set up her By Caprice Home brand in 2006Credit: Splash News

By Caprice was founded in 2006 as a lingerie line before expanding into homeware, with high street giant Next stocking the products.

The Ashley Wilde Group includes ranges by the likes of Rita Ora and Agent Provocateur, and Kylie At Home is stocked in Debenhams and House of Fraser.

This comes after the Kylie vs Kylie lawsuit where Minogue was successful in blocking Jenner from trademarking the name 'Kylie' in 2017.

The former Voice judge's lawyers sent the US Patent and Trademark Office a letter detailing why the trademark should not be granted, reports Mail on Sunday.

 Designs from Kylie Minogue At Home (left) and By Caprice Home (right)
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Designs from Kylie Minogue At Home (left) and By Caprice Home (right)

The legal document is said to dub Kylie Jenner as “a secondary reality television personality” who was only appearing on Keeping Up with the Kardashians as a supporting character, as opposed to Kylie Minogue who is an “internationally-renowned performing artist, humanitarian and breast cancer activist known to the world simply as Kylie”.

It is reported that the Patent Office then rejected Ms Jenner’s application giving Australian Kylie autonomy over her name.

Inside Kylie Jenner's 'Kylie Cosmetics HQ' that features a personalised Skittle and Prosecco Vending Machine, and a fur filled meeting rooms.

At the time, Minogue spoke out about the case and said she was upset to hear her lawyers had referred to the cosmetics founder as a 'secondary reality TV personality’ She said: "I was so upset when I heard that. I said, 'Who said what?'

"What I heard back was, 'That's lawyer speak'."

The Sun Online has contacted Kylie Minogue and Caprice's representative for comment.

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