Dunnes Stores decline to comment on Millen ruling

A spokeswoman for Dunnes Stores said the company was not making any comment on the judgment that ruled the company had copied a design belonging to British fashion design label Karen Millen.

Speaking after the judgment was handed down, Mosaic Fashions Ireland managing director Miriam Flahive said: "Mosaic fashions is a design-led fashion group that prides itself on its commitment to unique style and quality.

“We pursued this case on a matter of principle to protect the integrity of our designs and the creations of our talented designers.

“Mosaic Fashions is delighted with the judgment handed down today by the court and believes it upholds the rights of design, including fashion, across the EU.

“It has always been the intention of Mosaic Fashions to make a substantial donation to an Irish charity once monies are recovered.

“That charity will be the Marie Keating Foundation, in aid of breast cancer awareness,” she said.

In a statement, Karen Millen’s creative director, Gemma Metheringham, said the ruling vindicated the position that Mosaic Fashions had adopted since the beginning of the dispute and was a testament to its dedicated and talented team of designers.

“We are delighted with the outcome,” she said.

“A judgment in favour of the defendants would have provided a copycats’ charter to imitate with impunity the designs of fashion retailers. The implications for the fashion industry would have been significant and would have called into question the need to employ talented designers.

“This case has always ultimately been about the customer. Customers of Karen Millen have a certain eye for fashion. We believe our customers, both in Ireland and elsewhere, will welcome today’s judgment,” she said.

Former Minister for Justice Michael McDowell SC, in opening the case for Karen Millen in October, said there would be evidence that almost exact copies of the clothing items launched and sold by the British company were subsequently marketed by Dunnes.

He argued the similarities were not innocent or coincidental.

Mosaic Fashions claimed this was an infringement of its rights under a 2001 European regulation on unregistered community designs.

Under article 6 of that regulation it states a design must make a different overall impression on “an informed user” before it can be protected by the law.

Denying the claims Dunnes Stores insisted the Millen items were not originals. They called several witnesses from the fashion world to testify in support of this and claimed the sweater – a “faux shrug cami top” – had been available for many years.

The hearing on the case lasted five days before the Commercial Court, the High Court’s commercial wing.

Ms Justice Finlay Geoghegan said today: “I have concluded that the defendants have failed to establish as a matter of probability that any of the designs of the KM top, KM blue shirt and KM brown shirt do not fulfil the requirements of article 6 for individual character and reject the challenge to the validity of the plaintiff’s unregistered community design in each of the KM top, the KM blue shirt and the KM brown shirt.

“The court continues to treat the plaintiff’s unregistered community designs as valid.”