Dunnes did not dispute that it had copied the Karen Millen garments and acknowledged that the unregistered Community designs of which Karen Millen claimed to be the holder were new designs. However, Dunnes disputed that Karen Millen was the holder of an unregistered Community design for each of the garments on the grounds that:
Taking notes from runway collections the Karen Millen line continues to cater for a modern, fashion-focused woman. The designs are well-made and certainly worth their affordable price-tags.
If this Opinion is followed in the CJEU decision, who will be the wider industry winners and losers?