Ashley Wilde is accusing Primark of infringing the copyright of its Gardinia range, demanding damages of£100,000.
Primark sold about£625,000 worth of the Gardinia range since February 2006. Ashley Wilde said it had acquired substantial goodwill in the range, but is claiming that Primark went on to sell copies of the range under the very similar name, Gardenia.
Primark had agreed to withdraw its Gardenia products from sale after Ashley Wilde threatened to seek an injunction. However, unless it is permanently restrained, it plans to resume infringing copyright in the designing, according to the writ at the High Court.
Hertfordshire-based Ashley Wilde is seeking an injunction that would stop Primark selling its Gardenia range and force it to hand over Gardenia articles that are copies of Gardinia designs.