Landmark ruling for fashion
Karen Millen, one of Britain’s most exclusive clothing names, celebrated its landmark victory by pledging to make a substantial donation to the Marie Keating Foundation. 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. Last night, Dunnes Stores declined to comment on the decision.
The action in the Commercial Court 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 was 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.” Integrity Speaking after the hearing, Mosaic’s managing director Miriam Lahivey said the firm was delighted with the judgment.
“We pursued this case on a matter of principle to protect the integrity of our designs. “It has always been the inten tion of Mosaic Fashions to make a donation to an Irish charity. That charity will be the Marie Keating Foundation, in aid of breast cancer awareness.” The company is not seeking damages but will be pursuing Dunnes for the profits which they reaped after selling the offending garments.