Marks & Spencer failed in a High Court application yesterday to discover the manufacturer of a jumper bought in a Derry branch of Dunnes Stores which, the court was told, was strikingly similar to a jumper sold by M&S.

Delivering judgment on an application by M&S against Dunnes Stores, the President of the High Court, Mr Justice Costello, said the application concerned the sale in the North of a jumper which M&S claimed breached its rights under UK legislation relating to copyright and ownership of a registered design.

The judge said proceedings brought by M&S in the North were against a company associated with Dunnes Stores Ireland. M&S had started proceedings in Dublin against Dunnes Stores Ireland seeking it to make available the names and addresses of all companies and persons known to it who were responsible for the manufacture and supply of a particular ladies' jumper. While he had the power to make the order sought by M&S, the Supreme Court had stipulated in a 1993 decision that the power must be used sparingly and be confined to a situation where there was a very clear case of wrongdoing.

Mr Justice Costello said it was in that context that M&S seemed to run into difficulty. It appeared to be accepted that Dunnes Stores Ireland supplied the Northern company with the jumper, the judge said. It seemed to be accepted that Dunnes Stores Ireland either manufactured the garment itself - which appeared unlikely - or obtained it from a manufacturer or agent.

The judge said the Supreme Court had held there must be clear proof of wrongdoing before making the order sought and, in his view, there was no such proof.