Superdry wins design rights infringement claim against Animal

December 9, 2014

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. 


Related pages:

Intellectual property team more

Our fashion law team more

icons Addthis Print Contact Register

Contact

tel: +44 (0) 20 7628 2000
10 Finsbury Square, London, EC2A 1AF
View map


For more information

 image

Stephen Sidkin
Partner
Direct dial: +44 (0)20 7614 2505
slsidkin@foxwilliams.com

 image

Simon Bennett
Partner
Direct dial: +44 (0)20 7614 2522
sbennett@foxwilliams.com

Accreditations

  • Top Ranked Chambers UK 2014 - Leading Firm
  • Ranked in Chambers Europe 2013 - Leading Individual
  • Ranked in Chambers Global 2014 - Leading Firm
  • Legal 500 - Leading Firm
  • The Lawyer UK 200 - Listed Firm
  • The Law Society Excellence Awards 2012 - Shortlisted
  • Investors in People - Bronze