Legal submissions will be heard next week in a landmark case by a UK clothing company alleging Dunnes Stores breached European regulations by copying the design of a woman's shirt and top.
Ms Justice Mary Finlay Geoghegan will hear submissions on Tuesday from counsel for Karen Millen and Dunnes Stores in the first of three cases being taken by Karen Millen's UK parent company, Mosaic Fashions.
The judge heard today that agreement had been reached between the two sides that she should give judgment in the Karen Millen case before embarking on similar actions being taken by Coast Ltd and Whistles Ltd, also owned by Mosaic.
In its proceedings before the Commercial Court, Mosaic claims that Dunnes copied items of clothing and put them on sale after they were launched by the UK companies.
The UK companies claim that Dunnes produced almost identical womens clothing items to a number of tops produced by them, infringing their rights as protected by a new European regulation of 2001 on Unregistered Community Designs.
The UK companies are not seeking damages but an order for all necessary accounts and enquiries.
Dunnes Stores has denied the claims.
The actions are the first to be taken under the new regulation in Ireland and the first case in Europe involving fashion items.
The European regulation is aimed at protecting design rights and preventing their unauthorised copying.
During four days of hearings, the court heard testimony from a number of fashion industry experts called by both sides in relation to the nature of the Karen Millen "faux shrug cami top" and Karen Millen striped woman's shirt.
Mosaic claims Dunnes copied both designs - a claim Dunnes rejected.
Karen Millen launched the top and shirt in December 2005 and Dunnes Stores put similar items on sale at their stores in 2006.
Michael Mc Dowell SC, for Mosaic, told the court the Dunnes Stores top was made in China and shipped through Korea to Ireland, while the Dunnes Stores shirt was manufactured in Turkey.
He argued the Dunnes Stores garments were "direct and conscious copies" of the Karen Millen items which had been designed "in house" for the Karen Millen brand.
Richard Nesbitt SC for Dunnes Stores submitted that the Karen Millen items were not originals and called several witnesses from the fashion world who told the court that the "faux shrug cami top" has been available for many years and that the shirt was of a similar design to other womens shirts available in the marketplace.
Under the 2001 EU regulation, a design must make a "different overall impression on an informed user" before it can be protected by the new law.