Dunnes launches Supreme Court appeal in design copy case
DUNNES Stores has launched a Supreme Court appeal in a legal row with UK fashion company Karen Millen over the protection of fashion designs.
A five-judge court reserved judgment in the case where Dunnes has appealed a High Court ruling against it, which states that it breached EU regulations by copying a woman's shirt and top.
The case centres on the interpretation of a regulation on the protection of fashion designs. At the centre of the case is a black knit top and a striped shirt.
The decision of the Supreme Court could have ramifications for all high street retail chains.
Karen Millen's UK parent company, Mosaic Fashions, had claimed in court that Dunnes produced almost identical clothing to items it produced.
Karen Millen launched the top and shirt in December 2005 and Dunnes put similar items on sale at its stores in 2006.
Ms Justice Mary Finlay Geoghegan ruled that Dunnes infringed Karen Millen's right under EC regulations
The primary issue was whether Karen Millen held the right to an unregistered community design.
An unregistered design confers on its holder the right to prevent others selling it only if the contested use results from its copying.
Ms Justice Finlay Geoghegan found the right to the community design in the three Karen Millen designs was vested in Mosaic. She ordered Dunnes to stop copying designs.
Opening the appeal yesterday, Michael Cush, counsel for Dunnes, said the only issue before the court was unregistered design rights.
He said the High Court had taken a very narrow approach. The test as to whether unregistered rights had been breached should not have been confined to a comparison against just one item.
Brian O'Moore, counsel for Karen Millen, said the judge was not to be criticised for taking the closest design for comparison and if that fell foul of the test then there was no point in looking at the others.
Mr Justice John Murray, presiding, said judgment would be delivered at a later date.