Designer clothing worth tens of thousands of euro is to be destroyed after a settlement was reached between a Limerick retailer and clothing giant Abercrombie & Fitch.
Last October, the Ohio-based company successfully sued McGazz Ltd which operates a small shop at the Milk Market for breaches of the Trademark Act.
Limerick District Court was told that more than 800 items of genuine Abercrombie and Fitch clothing were seized at the store on June 13, last after the company was granted a court order.
Lawyers representing Abercrombie & Fitch said the company is “very protective of its brand” and that it does not allow any third party to sell its clothing anywhere in the world.
Peter Clein BL, representing Abercrombie & Fitch, said his client only sells its clothing (including the Hollister Brand) in stores which it owns and operates.
During last October’s hearing, Conor Twomey, owner of McGazz admitted buying the clothes at outlet centres in the United States and posting them back to Limerick to sell them.
“These goods are absolutely 100% genuine and legal,” he said adding that he has never bought or sold counterfeit goods at the store.
Mr Twomey added that he had declared the clothing and had paid all of the appropriate taxes.
After ruling in favour of Abercrombie and Fitch, Judge Aeneas McCarthy ordered the destruction of the clothing items, which are estimated to be worth more than €30,000.
However, a stay was put on the order after McGazz Ltd lodged a formal appeal against the court decision.
That appeal was listed for hearing at Limerick Circuit Court yesterday, but when the case was called Judge Tom O’Donnell was told a settlement had been reached between both sides and that the matter had been resolved following lengthy discussions.
Peter Clein BL said the court order requiring the destruction of the clothes could be affirmed.
He said the order requiring McGazz to pay his client’s costs could also be vacated.
Neither Abercrombie & Fitch or McGazz gave any reaction afterwards.
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