April 2005
Monsoon sues Primark for copying clothing designs
The clothing outlet, Monsoon, is in dispute with Primark again. They have announced that they will sue the Primark chain for thousands of pounds for stealing six of its designs in women and children's wear. They are also demanding an undertaking from Primark not to repeat its actions.
Monsoon was paid the sum of £23,000 by Primark for selling a copy of a dress last year, and has now complained of further design infringements. Primark has been forced to withdraw the six items of clothing from its stores.
BRIFFA Comment:
It is hard to avoid a look-alike invasion of designer clothes spilling out in to the low-price retail outlets on the high street these days. This is where it is important to know your intellectual property rights, know how to use them and know the best ways of policing them. In the UK, an unregistered design right attaches automatically to designs created after 1st August 1989. The right only attaches to clothes that are substantially the same and lasts for up to 15 years. An EU version of the right lasts for three years from the date it was first made publicly available.
Global fashion labels are no longer turning a blind eye to the copycats. It is difficult to be constantly chasing the imitators, for as soon as the catwalk has it, potentially the fashion world at large could have it too. It is never a surprise to see not too dissimilar shoes, bags, clothes, jewellery etc in shops along the high street. This case highlights the growing importance of protecting and using your intellectual property wisely. Briffa are experienced in advising designers how best to do this and would be more than happy to assist with any queries you may have.