Mayo's Portwest workwear firm sued over alleged headgear design infringement

High Court Reporters

A clothing workwear company with its Irish headquarters in Co Mayo is being sued over alleged infringement of the design of "bump cap" headgear.

Portwest Unlimited Company, registered in Westport, is being sued by JSP Ltd, a Cheltenham, England-registered provider of personal protective equipment. Portwest is the current sponsor of the Mayo senior GAA football team.

JSP claims a "bump cap" or protective peaked cap produced by Portwest contains a number of similarities to a design for the cap that it has registered.

The similarities include a decorative "swoop" on the two sides of the cap which has a wide shape at the rear and gradually becomes narrower at the front until the swoop merges with the side edge of the peak.

On Monday, the case was admitted to the Commercial Court by Mr Justice Mark Sanfey on the application of counsel for JSP. Portwest was neutral on the application but the court heard it was reserving its position on the validity of the claim.

The judge adopted directions for the progress of the case agreed between the parties and adjourned it to November.

In its claim, JSP says Portwest was called on to cease and desist from infringing its registered design but the defendant indicated its unwillingness to provide requested undertakings. This made it necessary for JSP to bring court proceedings, it says.

It seeks a number of orders including injunctions preventing infringement and restraining the defendant from making, offering, putting on the market, importing or exporting the product pending determination of the proceedings.