No protection without registration
The clash concerns local fashion house Rosemin and rival chain Gasp, each of which has accused the other of plagiarising dress designs.
According to Rosemin spokesperson Shany Ellenberg, the trouble began two years ago when the label - which specialises in eventwear dresses - allegedly discovered Gasp was buying Rosemin dresses in order to copy them.
"Gasp was also styling the dresses the same way as Rosemin via their stores and website, while claiming their dresses were 100 per cent silk, where in fact they were poorly made and used synthetic fabrics. Gasp also undercut Rosemin's success by offering customers discounts as an incentive to buy Rosemin's designs in Gasp stores," she said.
Rosemin is now having a number of its registered designs examined by IP Australia, the Government agency responsible for administering design rights. It has also retained Melbourne law firm Middletons to act on its behalf.
IP Australia's examination would need to find the designs "new" and "distinctive" in order to protect them, confirmed Middletons senior associate Lisa Egan.
"The key point about this case is that if companies don't register their designs in the first place they can't get IP Australia to examine them and don't really have a case in court if infringement occurs," she said.
While Gasp has denied it is copying the dresses - turning the tables to accuse Rosemin of plagiarism, Egan dismissed the contention as "surprising".
"Gasp has certainly not responded to numerous letters we sent them putting them on notice that the designs were being registered."
It is understood Gasp - which was not available for comment at time of press - has yet to brief lawyers in the case.
For its part, Rosemin maintains about 80 per cent of stock in Gasp stores comprised of copied Rosemin dresses.
"We feel that it is important to report this incident in order to protect other Australian designers and customers alike. When a customer buys an expensive silk dress, they appreciate the individuality of the product and feel cheated when they see it in another store, replicated in bad taste and quality."