H&M sues Primark over 'copied' designs
FASHION stores group Hennes & Mauritz and budget chain Primark are locked in a legal battle after the Swedish giant alleged its rival had ripped off its styles.
Primark, owned by Associated British Foods, has copied motifs, prints and designs used on fashions ranging from shirts and dresses to a baby's sleepsuit, H&M says.
It is suing for damages in one of the first major cases after a landmark judgment last year in which the courts encouraged designers to use new European rules protecting designers' rights not to be copied.
H&M claims Primark copied a Chinese-style dragon and flame pattern, a target-style design, a graffiti pattern, a Petrol Club-branded badge design and a floral print.
Most accusations of plagiarism in fashion are settled before lawsuits are filed, but a number of cases are now expected as big designers head to the courts to try their luck under the new laws.
These were highlighted last year by the test case of fashion label Lambretta, which sued Next and Teddy Smith for copying a tracksuit top design.
It lost at the Court of Appeal, but lawyer Dawn Osbourne said the judgment had encouraged designers to try to gain redress under the new European legislation.
Osbourne, fashion specialist at intellectual property law firm Willoughby Partners, said: 'This will be one of the first cases post-Lambretta. I'm sure we will see a lot of new activity in the courts in this area.'
Despite the large number of styles allegedly copied, H&M is only expecting to recoup damages of up to £100,000.
{1}Simon Clarke, head of intellectual property at Berwin Leighton Paisner and a director at pressure group Anti-Copying in Design, said: 'Unfortunately, the law is not generous for compensating people in these cases. We are lobbying the Government to try to increase the amount of compensation available, to act as a proper deterrent.'
He said his firm was handling a number of similar cases.
A limited amount of copying is accepted in the fashion world as, by its very nature, a look becomes trendy when lots of people wear it. But designers do sometimes take umbrage when they feel a rival's copying is hurting their sales.
Clarke said designers will often gather evidence of repeated copying to prove to judges the practice is systematic and widespread. H&M said it bought the allegedly-copied items in Primark stores in Dublin and Reading.
Neither H&M nor AB Foods, on behalf of Primark would comment on the case, details of which appeared in a High Court claim.
