Champion Products Europe Ltd has asked the High Court for an order restraining Dunnes Stores from selling garments bearing the name "Champion", which is claimed to be a trade mark.

Dunnes Stores is opposing the application and claims it is not infringing any trade mark. Dunnes claims the alleged trade mark, because of lack of distinctiveness, ought to be revoked.

Last July, Dunnes undertook before the High Court not to sell garments bearing the name Champion in its stores pending the outcome of the full legal proceedings, which opened yesterday and are listed for three days.

In an affidavit, Champion's financial controller, Mr Jonathan Lyons, said the company's brand name was recognised in many countries throughout the world as being a premium brand of high-quality clothing and sports apparel, footwear and accessories.

On April 12th last, the company's managing director, Mr Bernard Millen, discovered that the defendant was selling items of children's clothing bearing the word Champion.

Clothing comprising T-shirts and jackets prominently bearing the Champion name were also found on sale in the defendant's stores on dates in May last. Those garments were retailing at a fraction of the price at which the plaintiff's products were sold.

Mr Denis McDonald SC, for Champion, said his clients had built up a considerable and very significant business in the brand over a long number of years. If others were free to use the company's word "Champion" on their garments, the function of the trade mark was undermined. If Dunnes Stores was free to use the plaintiff's trade mark on garments, the protection that the trade mark was supposed to afford would be diluted.

During the hearing, several garments bearing the word "Champion" were exhibited. The case, before Mr Justice White, continues today.