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In early 2007, Karen Millen Fashions brought proceedings against Dunnes in the High Court of Ireland, claiming that the copies infringed its unregistered Community design rights in the garments. The High Court upheld Karen Millen Fashions’ action and Dunnes appealed to the Irish Supreme Court.
Reacting to the decision, Niamh Hall, of FRKelly, notes that the ECJ sided comprehensively with Karen Millen’s position. The designs against which the comparison is made were also helpfully described as “specific, individualised, defined and identified designs”. Hall explains: “The decision means that designers can bring together various known design elements to produce something which is protected by unregistered design rights. They do not have to show that their design is different from the body of existing design elements.”
If you’re still searching for a couple of fall fashion staples, Karen Millen is the place to shop—especially on a Monday night.
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