A clothing company co-owned by well-known fashion blogger and social media personality Rosie Connolly Quinn has launched High Court proceedings against three entities it claims have engaged in 'passing off' the firm's trademarked garments.
The action has been brought by Haremi Limited, which the court heard operates a clothing business that sells mainly leisure and sportswear under the trademarked brand name '4thARQ' exclusively through its website.
The company's shareholders and founders are Ms Connolly Quinn and her husband Paul Quinn.
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Haremi's claim arises from the discovery last month of garments, including hoodies and sweatpants and jumpers bearing their company's logo and trademark for sale at two fashion outlets, one in Dublin and one in Co Wexford.
Haremi claims that its goods should not be available for sale at the stores and can only be purchased by the public via its website.
It believes that the items originate from a batch of garments it ordered from a Dublin-based clothing supplier but rejected last year.
Haremi fears that its brand and reputation with the public will be significantly damaged due to the alleged passing off of allegedly inferior and substandard garments bearing the '4thARQ' brand and trademark.
As a result, the company seeks various orders from the court including an injunction restraining the shops from selling goods bearing the 4thARQ trademark.
The action is against Safet Duran, the alleged operator of 'Bella Moda' in Gorey Shopping Centre, Co Wexford and Mohsan Bari, the alleged operator of 'Elle Boutique', located in the Square Shopping Centre in Tallaght, Dublin, the two stores where the trademarked items were allegedly discovered on sale last month.
The plaintiff has also sued Independent Clothing Ltd, Unit 34 Fashion City, Ballymount Road, Dublin 24, which is alleged to have provided the clothing to Haremi, that was subsequently rejected and returned.
When the matter came before the High Court on Monday Mr Justice Brian O'Moore granted Haremi, on an ex-parte basis, permission to serve short notice of the injunction proceedings on the defendants.
The judge adjourned the matter to Friday's sitting of the court.
Represented by Kelley Smith SC with David Allen Bl Haremi seeks several orders against the defendants including an injunction restraining the defendants from selling, marketing, advertising or dealing in any way with goods bearing the plaintiff's trademark.
They also seek orders requiring Safet Duran and Mohsan Bari to provide it with the names and addresses of every person or entity who supplied them with any items bearing the plaintiff's trademark.
They also want Independent Clothing Limited to disclose the names and addresses to every entity it has supplied items bearing Haremi's trademark.
In a sworn document to the court Paul Quinn said that it is feared that the garments maybe ones that were ordered from Independent Clothing, which sells and supplies clothing.
Mr Quinn said that in August 2022 Haremi ordered over 1,000 4thARQ branded menswear items from Independent Clothing for the Christmas market for €24,400.
It had previously ordered items from that supplier.
However, Mr Quinn said that the clothing was rejected and returned for reasons including that colour was inconsistent throughout the garments and very different from the original sample, the neckline rib width was thicker and wider than what was ordered, as well as being broken and poorly constructed.
In addition he said that the item's seams were puckered, drawstrings were frayed and unfinished, and treads were pulled at multiple seams. Independent Clothing insisted that there were no major issues with the garments, however, he said that Haremi was not happy with the product supplied and did not pay for them.
Mr Quinn says that following an inspection of the goods that were offered for sale in the two stores, it is believed that the items are the same as the garments that were supplied and subsequently rejected by Haremi.
Mr Quinn said that Haremi's solicitors wrote to the defendants about the items being offered for sale.
In reply, solicitors for Independent Clothing sent a demand seeking payment for the goods that were rejected by Haremi.
Mr Duran in his reply said that all of the items had "been removed" and had been "disposed" from the Co Wexford store.
His letter added that he did not know the items were registered goods and that prompt action had been taken to remove them.
However, Mr Quinn says that it was not satisfied with this response, on grounds including that Mr Duran did not disclose who supplied him with the goods, and despite being asked to deliver up the goods has claimed to have disposed them.
Mr Quinn said he did not know what Mr Duran meant by disposing of the goods.
It has received no response from Mr Bari.
Mr Quinn added that the business which he founded with his wife maybe damaged by the alleged passing off of the products.
He said the injunctions have been sought in order to limit the damage he claims has already been caused to its business reputation.
The business, he added, sells "high quality products to the public."
It is promoted by Ms Connolly Quinn through her Instagram account which he said has over 374,000 followers, and her other social media platforms.
The 4 th ARQ brand, he said, has been a success since it was established in 2020.
Last year, Haremi had sales of €7.5m, and it is forecasting sales of €14m in 2023, the Malahide-based Mr Quinn added.
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