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The Irish Supreme Court referred questions to the ECJ, asking whether Karen Millen’s designs should be assessed for protection purposes against individual known designs considered separately or any combination of known design elements. In an opinion issued in April this year, Advocate General Wathelet sided with Karen Millen, stating that combinations of known elements can be protectable as having a different overall impression on the informed user compared to the earlier individual designs.
Whilst Oasis, Warehouse and Coast are now in rude health, Karen Millen has remained the star performer of the group, with its value share of the UK apparel market trebling from 0.1% in 2004 to 0.3% in 2010, according to Euromonitor International's preliminary estimates. Aurora Fashions' management has increasingly been singling the banner out for special attention, such as appointing a dedicated management team, including an international director as far back as 2009.
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