Lawyers for Penneys have indicated to the High Court that the retail chain will strongly resist attempts to prevent it selling cheaper versions of the Dublin GAA football jersey, alleged to be similar to the official jersey.
There is to be "a full contest on all issues" in the dispute, in which sports goods manufacturer O'Neills, which makes the official jerseys, and the Dublin GAA County Board are trying to stop Penneys selling jerseys which are claimed to be similar to those designed by O'Neills, Mr Justice Lavan was told yesterday.
The Penneys jersey sells for €15 while the official version retails at €50.
The judge adjourned the matter to Monday.
O'Neills and Dublin GAA obtained leave on Tuesday to serve notice on Penneys Ltd, Todco Ltd and Primark of their intention to apply for an injunction restraining sales of the Penneys jerseys. The plaintiffs claim the Penneys jerseys are likely to cause confusion and lead to the defendants' jerseys being passed off as those of the plaintiffs.
Yesterday Mr Ercus Stewart SC, for the plaintiffs, asked that the proceedings be adjourned to Monday next. Mr John Gordon SC, for the defence, said his side had sworn an affidavit and added that there would be a full contest on all issues.
O'Neills claims it has an agreement for the design and manufacture of the team jersey and had made a contribution to Dublin GAA Board representing a percentage of the net wholesale price.
Mr Paul Towell, a director of O'Neills Irish International Sports Co Ltd, said in an affidavit that the official jersey had been stocked and sold by Penneys until recently when they started to sell the jersey now complained of.
The previous Dublin jersey had been used for about three years to the start of 2002, he said. In May 2002 the first production of the new design was undertaken. The items produced by the first run were submitted to the Dublin GAA Board and accepted. Arnotts was also sponsor of the team and had a large display of the official jersey.
When he saw the display of jerseys in Penneys, he was immediately struck by the similarity of the jersey being sold by the defendants to those designed, manufactured and sold by O'Neills.
O'Neills' jersey was the official Dublin jersey, he said.