Former Tánaiste Michael McDowell was at the centre of a landmark legal battle today between Dunnes Stores and a UK fashion group claiming the supermarket giant copied the designs of some of its clothes.
The former PD leader, who resigned from politics after he lost his Dail seat in last May's general election, quizzed a senior knitwear designer for the Karen Millen group about tabs and buttons on a woman's sweater and about the sweater's neckline.
Mr McDowell was appearing on behalf of Mosaic Fashions in a unprecedented legal action in the Commercial Court.
It is the first time in Ireland that a company has sued another company under a European Community law of 2001 on Unregistered Community Designs, which protects unregistered designs from copying.
Mr McDowell was opening the first of three actions by Karen Millen Ltd, Coast Ltd and Whistles Ltd, who are all part of British retail giant Mosaic Fashions against Dunnes.
The action centres on a Karen Millen shirt and sweater which went on sale in December 2005, a bow tie top sold by Coast and another top sold by Whistles.
The companies claim that Dunnes produced almost identical products which infringe their copyright as protected by the EC regulation of 2001. The companies are not seeking damages but an order for all necessary accounts and enquiries.
Dunnes Stores have denied the claims.
Mr Mc Dowell said the court would hear evidence that the shirt and sweater were designed in-house by employees of the Mosaic companies for use in Karen Millen stores.
He said there would be evidence that shortly after the launch of the sweater and shirt in Ireland, Dunnes purchased the products and in each case commissioned exact copies or almost exact copies.
He said that "parasitical copying" was taking place and it was apparent from the appearance of the Dunnes products that there were not "innocent or coincidental similarities".
He said that the court would have an order form from Dunnes to a fashion house which referred to a "scoop shaped neck jumper with long sleeves" and which also referred to the "Karen Millen jumper".
He said there would also be evidence that the Karen Millen shirt was physically given to a manufacturer to replicate.
The case continues tomorrow before Ms Justice Mary Finlaw Geoghegan.