Dryrobe, the maker of oversized waterproof changing coats popular with cold water swimmers, has won a trademark infringement case against smaller rival D-Robe at the High Court in London. Judge Melissa Clarke ruled that D-Robe was guilty of passing off its products as Dryrobe and must stop selling items under the D-Robe brand within a week.
The judge described a Dryrobe as “an oversized waterproof coat with a towelled lining, designed for surfers or swimmers to change under whilst also drying them, keeping them warm, and protecting them from the weather”. She found that “D-Robe and Dryrobe have a high degree of visual similarity” and that a “substantial proportion of attentive consumers” would confuse the two brands.
Dryrobe was created by former financier Gideon Bright in 2010 and became a signature brand of the wild swimming craze, particularly during Covid lockdowns. Sales rose from £1.3 million in 2017 to £20.3 million in 2021, but fell to £18 million by 2023 as competition increased. Bright called the legal win a “great result”, noting there were “quite a lot of copycat products”.
D-Robe, which changed its name to Delta Roam in May, argued that “Dryrobe” had become a generic term, but the judge ruled that most consumers still understood it as a brand name in 2022. A spokesperson for D-Robe said the rebrand was already underway and that the company had recently launched a product with model Jodie Kidd.
Geoff Steward, co-head of intellectual property at Addleshaw Goddard, which represented Dryrobe, said the case highlighted the importance of a “clear, modern and relentless trademark strategy”. The win comes nearly two years after Dryrobe settled a separate trademark case with Superdry.
