In a significant victory for brand protection, the outdoor clothing company Dryrobe has won a High Court trademark case against its smaller rival, D-Robe. The judge ruled that D-Robe was guilty of passing off its products as those of the market-leading brand and must stop selling infringing items within a week.
A Landmark Ruling on Brand Identity
At the High Court in London, Judge Melissa Clarke delivered a decisive verdict, finding that D-Robe had knowingly infringed upon Dryrobe's established trademarks. The case centred on the visual and conceptual similarity between the brands' names and products, specifically their oversized, waterproof changing coats designed for swimmers and surfers.
Judge Clarke stated that "D-Robe and Dryrobe have a high degree of visual similarity" and that a substantial number of consumers would likely confuse the two. This ruling dismissed D-Robe's defence that the term 'Dryrobe' had become a generic descriptive term for such garments. The judge affirmed that, as of 2022, the public primarily understood 'Dryrobe' to be a brand name.
The Rise of a Cultural Phenomenon
Founded in 2010 by former financier Gideon Bright, Dryrobe began as a practical changing solution for surfers but exploded in popularity during the Covid-19 lockdowns. As wild swimming surged as an alternative to closed gyms, the brand became a signature of the movement. Its success is reflected in its financials: sales skyrocketed from £1.3 million in 2017 to a peak of £20.3 million in 2021, with profits of £8 million that year.
The brand's cultural impact is undeniable, even sparking a minor culture war. A sign at an Irish beach warning visitors to "beware of Dryrobe wankers" was met with a defiant social media response from fans using the hashtag #dryrobewankers. Today, the coats are as common on high streets and dog walks as they are on beaches.
Consequences and Future Competition
The legal win is a major step in Dryrobe's ongoing battle against copycats. Gideon Bright called it a "great result," noting the prevalence of imitators who attempt to leverage his brand's name. Following the ruling, Dryrobe is expected to seek compensation from D-Robe's owners for trademark infringement.
D-Robe, which had already rebranded to Delta Roam in May 2024, stated the change was in motion before the case concluded and that it had sold most of its old stock. A spokesperson for the company said they were "in a good place," highlighting a recent product launch backed by model Jodie Kidd and plans to expand in the US market.
For Dryrobe, the victory comes almost two years after it settled a separate trademark dispute with the fashion label Superdry. Legal expert Geoff Steward of Addleshaw Goddard, which represented Dryrobe, praised the company's "clear, modern and relentless trademark strategy." Despite facing increased competition and a slight sales dip to £18 million in 2023, Bright confirmed the company is now focusing on overseas expansion and broadening its product range.
