A clothing company co-owned by 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 exclusively through its website under the trademarked brand name 4th ARQ.
The company’s shareholders and founders are Ms Connolly Quinn and her husband, Paul Quinn.
Haremi’s claim arises from the discovery last month of garments, including hoodies, sweatpants and jumpers bearing their company’s logo and trademark for sale at two fashion outlets: one in Dublin and one in Co Wexford.
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Haremi claims its goods should not be available for sale at the shops and could only be purchased by the public via its website.
It believes the items originate from a batch of garments it ordered from a Dublin-based clothing supplier but rejected last year.
Haremi fears 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 4th ARQ 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 4th ARQ 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 Boutique in the Square Shopping Centre in Tallaght, Dublin. These two shops were 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.
Haremi, represented by Kelley Smith SC, with David Allen BL, 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 it is feared the garments could be ones that were ordered from Independent Clothing, which sells and supplies clothing.
Mr Quinn said that in August 2022 Haremi ordered over 1,000 4th ARQ branded men’s wear items from Independent Clothing for the Christmas market for €24,400. It had previously ordered items from that supplier.
However, Mr Quinn said the clothing was rejected and returned for reasons including that the colour was inconsistent throughout the garments and very different from the original sample.
In addition, he said, the item’s seams were puckered, drawstrings were frayed and unfinished, and threads were pulled at multiple seams. Independent Clothing insisted there were no big issues with the garments.
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” of 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 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, claimed to have disposed of 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 he founded with his wife may be 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.
He said the business sold high-quality products, promoted by Ms Connolly Quinn through her Instagram account, which he said has more than 374,000 followers, and her other social media platforms.
The 4th ARQ brand, he said, had been a success since it was established in 2020.
Last year Haremi had sales of €7.5 million and was forecasting sales of €14 million in 2023, the Malahide-based Mr Quinn added.
