The High Court has reserved judgment in the legal action by a British clothing company alleging that Dunnes Stores breached European regulations by copying a woman's shirt and top.
Ms Justice Mary Finlay Geoghegan heard final legal submissions yesterday from counsel for Karen Millen and Dunnes Stores in the first of three cases being taken by Karen Millen's British 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 judgment, the judge said the case involved obviously difficult questions which had to be resolved. She 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 British companies.
These British companies claim that Dunnes produced almost identical women's 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 British companies are not seeking damages but want an order for all necessary accounts and inquiries. Dunnes Stores has denied the claims.
In closing submissions yesterday, Michael McDowell SC, for Mosaic, said it would require the court to engage in "intellectual gymnastics" to accept the Dunnes 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 designs and to produce pirated copies as soon as possible.
Richard Nesbitt SC, for Dunnes, said Karen Millen 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. Under the regulation, a design must make a "different overall impression on an informed user" before it can be protected by the law.
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 the 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 in 2006. The Dunnes top was made in China and shipped through Korea to Ireland, while the Dunnes shirt was manufactured in Turkey.