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Whilst acknowledging that it had engaged in copying, Dunnes disputed that Karen Millen Fashions was the owner of unregistered Community design rights in the garments because, first, the garments did not have individual character and, second, even if they did, Karen Millen Fashions had not proven that as a matter of fact.
Probably the most convincing justification provided by the Advocate General in support of his approach is contained in the following extract from his Opinion:
The British brand has become most popular among shoppers, one reason being that it offers a distinct classic charm that most American brands lack these days—For those not familiar with the brand, it was started in 1981 by Karen Millen and Kevin Stanford as an independent label and has become known around the globe for offering luxury pieces at accessible prices. Karen Millen offers apparel, swimwear, footwear, accessories and jewellry, creating 12 collections a season.
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