The High Court ruled in a judgment yesterday that Superdry’s design rights in its Academy gilet (pictured below left) were infringed by Animal’s Glaisdale gilet (pictured below right).
The design rights which Superdry claimed were infringed by Animal included:
- the removable hood with zip fastening,
- inner flap between the collar and the hood,
- central placket covering the zip; and
- wide drawstrings.
In a 27 page judgment the High Court considered but rejected Animal’s defence that the Superdry gilet was commonplace at the time it was first marketed in 2009.
Animal also raised numerous other defences such as that Superdry did not own the design rights and the design was not visible when in use.
All of Animal’s defences failed.
The High Court found instead that Superdry’s design for its hooded gilet was new and had individual character. In addition, Animal’s statement that “it referenced” Superdry’s Academy gilet when it produced the Glaisdale gilet amounted to an admission of copying.
Animal’s reproduction of the combination of the parts of the gilet including the removable hood, inner plackets, chin guard, and storm flap was found by the High Court to be an infringement of Superdry’s UK and EU design rights.
Animal will now have to withdraw all infringing stock from sale and deliver it up to Superdry. The judgment also requires Animal to pay Superdry damages and its legal costs.
Simon Bennett led the team which successfully enforced Superdry’s rights against Animal.