One of Britain’s most exclusive clothing chains won a landmark case today after it claimed Dunnes Stores copied its design.
At the High Court in Dublin, Ms Justice Mary Finlay Geoghegan found against Dunnes Stores in the first of three cases being taken by the parent company of Karen Millen, Mosaic Fashions.
The action centred on two Karen Millen shirts and one sweater which went on sale in December 2005 and which the British clothing giant claimed Dunnes had copied after similar items appeared on its shelf in 2006.
It had been agreed the judge should rule on the Millen case before hearing similar actions taken by Coast Ltd and Whistles Ltd, also owned by Mosaic.
It is the first case of its kind to be heard in Ireland under an EU regulation protecting new and individual designs.
Ms Justice Finlay Geoghegan said: “The use made (by Dunnes of the items) is an infringement of the plaintiff’s unregistered community design and it is entitled pursuant to Article 19 of the regulation to prevent the defendant making use thereof.”
Speaking after the hearing Mosaic’s managing director Miriam Lahivey said the company was delighted with the judgement.