Review stands firm on design breaches

MELBOURNE: Women's high street chain Review has made another appearance in the federal court in Melbourne this time accusing both Redberry Enterprise and New Cover Group of copying its designs.

It is the third court appearance in less than seven months for the PAS Group-owned wholesale and retail brand which in March was awarded $18,000 after successfully arguing designer Charlie Brown had passed off some of its designs as her own.

This latest case against both import and wholesale groups centred around a V-neck wrap dress designed, made and sold for $169 by Review. Review alleged Redberry and New Cover had breached the Design Act by first having copies of the dress made and then distributing those copies to retailers. In Redberry's case this amounted to 133 dresses with an additional 730 garments by New Cover.

Both groups admitted selling the dresses, with Redberry stating this was at a wholesale price of $20. The defendants denied their garments were similar to those produced by Review and argued they could not have been aware the Review design was registered at the time of the alleged infringements. Redberry and New Cover then launched counter-claims alleging the Review design was invalid. Additional claims against the retailers who sold the dresses were settled out of court.

Having heard evidence from both sides in the Redberry case, Justice J Kenny ruled there were differences in the shape and configuration of the skirt as well as the dresses' pattern and ornamentation. Review had sought $18,900 from Redberry for loss of sales as well as a further $600,000 for loss of reputation and damages. Justice Kenny dismissed both Review's claim and Redberry's counter claim with both parties invited to make submissions on cost.

In the New Cover case the judge found the design was "substantially similar" to the Review dress.

From New Group Review had sought $103,500 for lost sales and a further $250,000 for loss of reputation and damages. However Justice Kenny said Review had failed to provide evidence of the lost sales and issued a judgement in favour of Review in the sum of $85,000. New Cover's counter-claim was also dismissed.