The High Court has reserved judgement on a landmark legal action by a UK clothing company alleging that Dunnes Stores breached European regulations by copying a woman's shirt and top.
From left, a knitwear sweater from Karen Millen and (r) a sweater from Dunnes Stores.
Ms Justice Mary Finlay Geoghegan heard final legal submissions today from counsel for Karen Millen and Dunnes Stores in the first of three cases being taken by Karen Millen's UK parent company, Mosaic Fashions, against Dunnes.
It has been agreed the judge should rule on the Karen Millen case before embarking on hearing similar actions being taken by Coast Ltd and Whistles Ltd, also owned by Mosaic.
When reserving judgement, the judge said the case involved obviously difficult questions which had to be resolved.
The judge may also consider whether the case requires issues to be referred for determination by the European Court of Justice.
In its proceedings before the Commercial Court, the commercial division of the High Court, Mosaic claims that Dunnes copied items of clothing and put them on sale after they were launched by the UK companies.
The UK companies claim that Dunnes produced almost identical womens clothing items to a number of tops produced by them, thereby infringing their design rights as protected by a new European regulation of 2001 on Unregistered Community Designs.
The UK companies are not seeking damages but want an order for all necessary accounts and enquiries. Dunnes Stores has denied the claims.
In closing submissions today, Mr Michael McDowell SC, for Mosaic, said it would require the court to engage in "intellectual gymnastics" to accept Dunne's arguments about the nature of the garments in dispute.
If Dunnes was correct, there would be a licence, except in cases of "ground breaking" designs, to plunder other people's designs and to produce pirated copies as soon as possible, he said.
Mr Richard Nesbitt SC, for Dunnes, said the UK company had failed to make out a case for protection and the bar for protection of design was higher than had been argued.
The action is the first case to be taken here under the 2001 regulation and the first in Europe involving fashion items. The European regulation is designed to protect design rights and to prevent their unauthorised copying. During the five day hearing, the court heard testimony from a number of fashion industry experts called by both sides in relation to the nature of the Karen Millen "faux shrug cami top" and Karen Millen striped woman's shirt.
Mosaic claims Dunnes copied both designs but Dunnes denies that claim. Karen Millen launched the top and shirt in December 2005 and Dunnes Stores put similar items on sale at their stores in 2006. The Dunnes Stores top was made in China and shipped through Korea to Ireland, while the Dunnes Stores shirt was manufactured in Turkey.
It was claimed the Dunnes Stores garments were "direct and conscious copies" of the Karen Millen items which had been designed "in house" for the Karen Millen brand. Dunnes Stores claimed the Karen Millen items were not originals and called several witnesses from the fashion world who said the "faux shrug cami top" has been available for many years. They also said the shirt was of a design similar to other womens shirts available in the marketplace.