Dunnes Stores ordered to make discovery of designs

The action by two British-based women's clothing stores, which are suing Dunnes Stores for allegedly producing and selling "knock…

The action by two British-based women's clothing stores, which are suing Dunnes Stores for allegedly producing and selling "knock-off" copies of their designs, will be heard later this year.

Dealing with preliminary matters in the cases yesterday, Mr Justice Peter Kelly ordered Dunnes to make discovery of certain design drawings to the other side.

The multimillion euro action by Coast Stores Ltd and Karen Millen Ltd, both part of British retail giant Mosaic Fashions, will take place in the Commercial Court in the next few months. There are similar proceedings by Whistles, also part of the Mosaic group.

In its proceedings, Coast alleges Dunnes infringed its intellectual property rights in allegedly producing and offering for sale a bow-tie top which, it claims, was almost identical to "a high-end fashion bow-tie top" which Coast produced in black and red in December 2005 and put on sale from July 2006.

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Coast claims its bow-tie top had initially retailed for €60 but was later reduced in sales to €47 for the black version and €18 for the red version. The bow-tie top being sold in Dunnes was offered for sale at €25.

Karen Millen Ltd is alleging infringement of its intellectual property rights relating to a "new and novel" striped shirt in two colour schemes.

In court yesterday, Mr Justice Kelly ordered Dunnes to provide all drawings and mock-ups relating to the designs in question. Dunnes had consented to make discovery of documents in certain categories, he was told.