The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No. 6/2002 on Community Design. The CJEU ruled in favor of Karen Millen in the proceedings, which concerned sales made by Irish retailer Dunnes Stores and which were brought pursuant to the Community Design Regulation No. 6/2002 (hereinafter the Regulation).
Karen Millen started the proceedings for damages in 2007, claiming that some of Dunnes Stores’ products infringed its unregistered designs in a striped shirt (in a blue and a stone brown version) and a black knit top, which had been produced and sold since 2005. Karen Millen also sought an injunction restraining Dunnes from using the designs.