Karen Millen Fashions Ltd v Dunnes Stores & anor [2014] IESC 23 (02 April 2014)

Karen Millen Fashions Ltd v Dunnes Stores & anor [2014] IESC 23 (02 April 2014)

The High Court was entitled to disregard the evidence of the impression formed on individual witnesses regarding the overall impression of the designs, as the assessment of individual character is an objective legal test for the court, not a matter for factual witnesses. The exclusion of such evidence did not affect the outcome, as the judge considered the factual evidence of similarities and differences between the designs.

Citation
[2014] IESC 23
Parties
Plaintiff/respondent: Karen Millen Fashions Limited; Defendant/appellant: Dunnes Stores; Defendant/appellant: Dunnes Stores (Limerick) Limited
Jurisdiction
Ireland
Judgment Date
02 April 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Community Design Rights, Unregistered Design Rights, Evidence Admissibility, Onus of Proof, Individual Character of Designs
Intellectual Property Law European Union Law Community Design Rights Unregistered Design Rights Evidence Admissibility Onus of Proof Individual Character of Designs

Case Brief

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Parties

Karen Millen Fashions Limited

Plaintiff/respondent

Dunnes Stores

Defendant/appellant

Dunnes Stores (Limerick) Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether evidence from witnesses as to the overall impression of a design is admissible or necessary in determining individual character under Community design law
  2. 2 Whether the High Court erred in disregarding such evidence
  3. 3 Allocation of onus of proof under Article 85(2) of Regulation (EC) No 6/2002

Ratio Decidendi

The High Court was entitled to disregard the evidence of the impression formed on individual witnesses regarding the overall impression of the designs, as the assessment of individual character is an objective legal test for the court, not a matter for factual witnesses. The exclusion of such evidence did not affect the outcome, as the judge considered the factual evidence of similarities and differences between the designs.

Court Disposition

Appeal dismissed

Orders

  • High Court decision affirmed
  • No retrial ordered