Garden designer Diarmuid Gavin has brought a High Court action alleging a garden design that secured the gold medal at this year's RHS Chelsea Flower Show in London infringed his copyright.
Mr Gavin is suing British garden designer Andrew Sturgeon, who won a gold medal with his Cancer Research UK garden at the show last May. Mr Sturgeon denies the claims and contends the Irish courts do not have jurisdiction in the matter.
In his proceedings, Mr Gavin is seeking a declaration that Mr Sturgeon infringed his copyright and/or intellectual property rights in the work and concept known as "Torpedo". He is also seeking damages, alleging misrepresentation and passing off, and wants an order for the immediate delivery up or destruction under oath of all copies of the garden in question. The central feature of the design is a capsule-shaped building in the form of a garden pavilion. Mr Gavin claims that this design was unique when he designed it.
The design involved a glazed room built around a steel frame with the interior and exterior clad in wood. Inside was a seating area and a submerged hot tub. Outside the structure, the theme continued with three raised beds.
When the case came before the High Court yesterday, Mr Justice Frank Clarke was told that Mr Sturgeon is questioning whether Mr Gavin can bring proceedings in this jurisdiction and is asking the court for an order striking out the proceedings in the Irish courts. The judge adjourned the matter to next week.
In an affidavit, Mr Sturgeon said he is a professional garden designer who lives in Brighton. He said he was requested by Cancer Research UK to design a garden that would be exhibited on their behalf at the show and that would reflect the charity's work and public health messages.
He said he designed the garden between Thursday May 25rd, 2006 and Saturday May 27th, 2006. In the course of the show, Mr Sturgeon said Mr Gavin released a statement to the press, alleging Mr Sturgeon copied the design from an earlier design by Mr Gavin. Mr Sturgeon said his UK solicitors had complained in a letter to Mr Gavin about his comments. Mr Sturgeon said those comments were untrue and defamatory. Mr Gavin's claim was misconceived and wrong, Mr Sturgeon said.