War over fashion on the cheap

TO the untrained eye, the two skirts are identical. But there is one big difference - the price. While one costs £44 from Monsoon, the other is just £11 from Primark.

Monsoon yesterday launched a £200,000 claim for damages against Primark over claims that the discount retailer copied its Zigzag linen skirt and five more of its best-selling products.

Despite the similarities, the fashion chain insists the manufacturing and cloth are inferior in Primark's version of the skirt.

Monsoon's move comes as discount stores increasingly try to cash in on original catwalk designs by producing near-identical versions for the mass market. The trend, known euphemistically as 'fast fashion', is the biggest-growing clothing sector on the High Street.

For many years, High Street chains have been inspired by the ideas of the catwalk to generate their own ranges. However, there are increasing concerns that some discount chains are simply stealing designs then copying them.

Fashion houses and upmarket chains are furious about the similarities between their high-cost merchandise and what they see as cheap rip-offs of their designs. Staff from discount chains can capture digital camera images from the catwalk launches of major fashion houses and have their own versions on the street within two to three weeks.

As well as the Zigzag skirt, Monsoon's High Court action against Primark for infringing its design rights covers a curved panelled skirt, tropical floral print swimwear, girls' corduroy trousers and children's striped scarf plus its poodle and heart socks. It was unable to provide prices on the other items, but said the differential was about the same as for the Zigzag skirt.

{1}The company said it is seeking appropriate damages from Primark and a commitment not to repeat its wrongdoing. Last May, Primark agreed to pay Monsoon £23,000 in a settlement covering copies of Monsoon Girl's Brittany top and a butterfly dress.

Monsoon chief executive Rose Foster, whose firm also owns the Accessorize chain, said: 'We take any infringement of our design and copyright very seriously. We are vigorous in our pursuit of those who attempt to copy our designs.'

Simon Clarke, of the pressure group Anti-Copying in Design, {2}demanded harsher penalties for copycats as a deterrent. He said: 'Unfortunately, the law is not generous for compensating people in these cases.'

Last month, H&M issued a writ in the High Court claiming Primark copied a series of its designs and motifs. Concerns about the issue have also involved Tesco and the fact that some of its designs are uncannily similar to originals from the fashion house Chloe.

{3}Tesco's Florence & Fred label has recently seen huge sales of a kingfisher blue Grecian dress, heralded as a budget 'must have' by fashion magazines such as Marie Claire, Elle, Red and Grazia. It is virtually identical to an original by Chloe - but costs just £35 compared to £1,400 for the catwalk version.

Primark, which is owned by Associated British Foods, would not comment on the legal action. It has removed the disputed items from sale. Tesco denied copying, saying: 'What we have is a fantastic design team who work closely with the buying team, looking at general emerging trends.'