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Home / Community unregistered design right / Ireland / Jeremy Phillips / From Catwalk to Commercial Court: the triumph of Karen Millen

From Catwalk to Commercial Court: the triumph of Karen Millen

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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
From Catwalk to Commercial Court: the triumph of Karen Millen From Catwalk to Commercial Court: the triumph of Karen Millen Reviewed by Jeremy on Friday, December 21, 2007 Rating: 5

3 comments:

  1. JeremyFriday, 21 December 2007 at 13:54:00 GMT

    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!

    ReplyDelete
  2. AnonymousMonday, 4 February 2008 at 15:52:00 GMT

    The decision is available via BAILII:

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

    ReplyDelete
  3. AnonymousTuesday, 23 July 2013 at 21:11:00 GMT+1

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

    ReplyDelete

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