For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

Two of our regular Kats are currently on blogging sabbaticals. They are David Brophy and Catherine Lee.

Friday, 21 December 2007

From Catwalk to Commercial Court: the triumph of Karen Millen

The IPKat thanks his friend Deirdre Kilroy (LK Shields) for sending him this hot news from Ireland: Dunnes Stores has lost its bitterly-contested design dispute against UK-based fashionistas Mosaic Fashions. In this, the first Community unregistered design right case to be fought out in Ireland, Mosaic, owners of the Karen Millen, Coast and Whistles brands, alleged that Dunnes had copied its designs. Since the issues were the same in all three instances, Ms Justice Mary Finlay Geoghegan ruled on the Karen Millen case first.

Right: the IPKat is very happy with his fashionable new fur coat -- but less happy with suggestions that it might be commonplace

The judge was shown a €150 Karen Millen black jumper, which was described as a "faux-shrug cami top" and a striped shirt, as well as the corresponding Dunnes items which sold for a good deal less (the jumper retailed at a snip for €25). Like all good infringers, Dunnes denied infringing and alleged that the designs were commonplace - but to no avail.

The IPKat awaits sight of the transcript of the judgment with excitement and trepidation: how will the judge assess whether the designs were commonplace?

Karen Millen Katwalk here
Rudyard Kipling Katwalk here

3 comments:

Jeremy said...

I got this link http://www.ireland.com/newspaper/breaking/2007/1221/breaking13.htm from David Brophy just as I was posting this piece. Many thanks, David!

Anonymous said...

The decision is available via BAILII:

http://www.bailii.org/ie/cases/IEHC/2007/H449.html

Anonymous said...

This case has been referred to the European Court as Case C-345/13.

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':