A line in tracksuit tops, which it is claimed has caught the imagination of Ireland's teenyboppers, is being counterfeited, the High Court was told yesterday. Mr Justice O Caoimh was told that Independent Clothing Ltd, in South William Street, Dublin, had developed and was manufacturing a colourful range of tops bearing the logo "U.S.C.O.", mimicking the hugely successful American college style.
Mr Bernard Dunleavy, counsel for Independent Clothing, told the court that a competitor, Kingbark Ltd, which traded next door to his client as the Scruffi Clothing Co, was now producing a cheaper and almost identical top bearing the same logo.
He said Independent Clothing faced irreparable damage to its goodwill and wholesale turnover of more than £4 million a year. He asked the court to restrain Kingbark from passing off its counterfeit product as the genuine article. Mr Dunleavy said that when asked to desist, Kingbark had produced its own lookalike top with a one-letter logo change to "U.S.S.O." but his client felt the change was so insignificant as to still mislead the shopping public. Mr Paul O'Neill, counsel for Kingbark, said his client was prepared to give an undertaking to suspend production of garments bearing the "U.S.C.O." logo but it wished to continue production of its own product throughout the Christmas and New Year sales rush.
He submitted no one could claim copyright on the letters "U.S." Other initial letters used in fashion logos had, in any case, been copied from such world leading garment manufacturers as Levi. Mr Justice O Caoimh is expected to give a ruling on the matter today after hearing additional evidence and further legal argument.