Rosie Connolly Quinn's firm gets undertakings from parties it claims passed off trademarked clothes

The firm fears that its brand and reputation would be significantly damaged due to the alleged passing off of allegedly inferior and substandard garments bearing the '4thARQ' brand and trademark

The clothing company co-owned by well-known fashion blogger and social media personality Rosie Connolly Quinn allegedly found garments, including hoodies, sweatpants and jumpers bearing their company's logo and trademark for sale at two fashion outlets. File picture: Brian McEvoy

A clothing company co-owned by well-known fashion blogger and social media personality Rosie Connolly Quinn has received certain information from parties alleged to have 'passed off' the firm's trademarked garments, the High Court has heard.

Earlier this month, Haremi Limited, the clothing business that sells garments under the trademarked brand name '4thARQ' which was founded by Ms Connolly Quinn and her husband Paul Quinn, launched High Court proceedings against two fashion outlets and a clothes making company.

Haremi's claim arose from the discovery last month of garments, including hoodies, sweatpants and jumpers bearing their company's logo and trademark for sale at two fashion outlets, one in Dublin and one in Co. Wexford. Haremi claims that its goods should not be available for sale at the stores and can only be purchased by the public via its website.

It claimed that the items may have originated from a batch of garments it ordered from a Dublin-based clothing supplier but rejected last year.

It sued Safet Duran, the alleged operator of 'Bella Moda' in Gorey Shopping Centre, Co. Wexford, and Mohsan Bari, the alleged operator of 'Elle Boutique', located in the Square Shopping Centre in Tallaght, Dublin, the two stores where the trademarked items were allegedly discovered on sale.

The plaintiff has also sued Independent Clothing Ltd, Unit 34 Fashion City, Ballymount Road, Dublin 24, which is alleged to have provided the clothing to Haremi, that was subsequently rejected and returned. It sought orders including an injunction restraining the defendants from selling, marketing, advertising or dealing in any way with goods bearing the plaintiff's trademark.

It also sought orders requiring Safet Duran and Mohsan Bari to provide it with the names and addresses of every person or entity who supplied them with any items bearing the plaintiff's trademark and that Independent Clothing Limited disclose the names and addresses of every entity to which it had allegedly supplied items bearing Haremi's trademark.

When the matter returned before the court on Tuesday, Mr Justice Brian O'Moore was told by Kelley Smith SC for Haremi that the proceedings had been adjourned after the defendants had given certain undertakings to the court. Counsel said that those undertakings included an agreement to make certain disclosures to Haremi, which have been complied with. 

Counsel added that Haremi was satisfied with the progress made, and the only thing that remains in its injunction application is which of the parties should pay the legal costs of the proceedings. Mr Justice O'Moore agreed to adjourn the issue of costs to a date later this month.

Case background

Previously, the court heard that Haremi brought its action over fears that its brand and reputation with the public would be significantly damaged due to the alleged passing off of allegedly inferior and substandard garments bearing the '4thARQ' brand and trademark.

The company said that the clothing found on sale in Wexford and Tallaght may have come from a batch it had ordered from Independent Clothing last year.

The court heard that clothing was rejected, was not paid for, and returned for reasons including that the colour was inconsistent throughout the garments and very different from the original sample, the neckline rib width was thicker and wider than what was ordered, as well as being broken and poorly constructed.